This is how I start my fight ! Ughhhh

karenv

Hatching
8 Years
May 4, 2011
4
0
7
Dear Mr. President

Please consider this letter a response to your letter of May 2, 2011 requesting my removal of my chickens and my chicken coop from the subdivision.
I will first state, as I had in person on April 30, 2011, that my birds, Hazel, Mable and Penny, are my pets. I have only 3 hens that I received 3 Easters ago as a gift from my son. I have named, raised, nurtured, fed, cared for and loved them since they were chicks, in my home, and I consider these birds as my “household pets”, just as I have for my current horses and my current dogs. I have had them all since they were babies. I am currently gathering letters from several of my friends and co-workers who know me and my birds for years and will attest to the fact that they are in fact my “household pets” and a huge part of my family. I can also provide videos, pictures, family gatherings and more with regard to all of my current pets (including Hazel, Mable and Penny), either being born, or raised since infants with me. It may seem strange to you, but how it seems doesn’t take anything away from the facts.
As per the restrictions, I am allowed “birds” as household pets. There is no specific bird types stated, as you have made up in your letter, nor is there specific dog or cat types listed on the restrictions, so I am interpreting that my pet birds are allowed, or I would not have purchased my property in this subdivision. Furthermore, there is NOT any bird types stated, that is NOT allowed. My birds are quiet and more than 500 feet from any neighbor so even if and when they do cackle, which is rare, my neighbors are too far to hear them. I clean the coop and run daily and I am attaching a list of several very well known attributes to having chickens as pets as opposed to other household pets. I have complied with all rules of this subdivision as I understand them and will continue to do so. My birds are allowed outside, as well as my dogs and my horses as it does NOT state that all “household pets” are to remain indoors at all times.
If these restrictions do not satisfy your understanding of them, it is possible that you , as President, to amend them to make them more “specific”, but this is how I felt when I purchased my property and how I feel now. There is nothing in these restrictions with regard to my chicken coop and it is not possible for you to even ask politely that I remove it. It is clean, neatly constructed and has a nice, neat and clean appearance. Another matter of opinion, I guess, however, your opinion, in no way, takes precedence over mine.
You stated several times that after meeting me last year that you thought I was the last person on the planet you would have a problem with, with regard to adhering to the restrictions. Well you are correct, I am exactly that type of person but I do not agree or approve of you enforcing your opinions on me. To prove that I have no desire to fight nor do I have any disregard of your opinion or preferences, I will not seek replacement of my birds, once they have passed naturally, nor will I add to my herd, but I am under no obligation to remove my pets or my coop as you have demanded. I understand, as you have stated, that your attorney has advised you that “chickens” are not pets. This is strictly “a matter of opinion” as I am attaching several documents that suggest otherwise and due to the fact that I cared for and raised my chicks, in my household for years; they are, in fact, my household pets. The attorney I work for seems to feel differently than yours, so here we are again with a matter of interpretation of the extremely vague restrictions you refer to. As I mentioned in our meeting, I know of one resident currently in Shannon Ridge that does own several chickens and a rooster or 2, so if this is a great concern for you, I am curious why you are not peering in everyone’s yard or acreage to confront them. I also understand that you have a job to do as President of the Association but please be sure you are knowledgeable in your approach and try and refrain from making orders based on your opinions and preferences.
You mentioned several times during our discussion that you are aware and not very happy about the fact that the developer that established the restrictions was unclear, unspecific and selfish with regard to meeting his own specific needs and that they used a cheap, cookie cutter version of restrictions document and it has caused you much grief as President with trying to enforce them. If you were unhappy with the restrictions as prepared, you could have opted to change them or you could have chosen your homestead elsewhere. I have no problem with the way the restrictions were prepared, I only have a problem with the way you are trying to enforce only your opinions and preferences. I am happy with the restrictions as prepared, my home and my household pets. I was only offended by your initial ungenuine kindness, negative, aggressive and demanding approach and you are no longer welcome on my property.
I am sorry this is the result of our meeting. I would have been much nicer to have you and your wife over for a nice breakfast of omelets and bacon. At least we both agree on one thing……….pigs are not of dog, cat or bird breed.
God Bless and best wishes.

Karen
 
Bravo, Karen! Both my hubby and I broke into applause and cheering when we finished reading your letter. It was excellent!

Ha, ha -- you work for an attorney. This is worthy of a movie script!
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I say again that publicity is your friend. Go get 'em and keep us posted.
 
Wow....2 acres....you can have a horse....dogs...but someone wants to make you get rid of your chickens? Sounds like you have a good case to keep them. I might take out the shot against the character of the HOA guy. Don't make it personal....yet. Just state your case and see if that resolves the issue. Good luck!
 
This is a great start and I hope you win your fight to keep your chickens.
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This is just my opinion...but I would edit a bit more and break your letter up into more paragraphs. It rambles just a bit towards the end.
Keep it professional and stick to the facts. Try not to make it personal even if he has already done so. AT this point you are still trying to get him to see your point of view right?

Best wishes,
 
I don't think he has a leg to stand on. Wouldn't mention the other chickens in the subdivision, for their owner's sake. I might add the life expectancy of yours, as he's probably appreciative of your agreeing not to add to your flock in the future. Good luck. I hope your letter has your desired effect. I think the bird allowance in the original contract will hold even if he doesn't agree with your"chickens are pets" philosophy. Best to you and your family and flock.
 
It because of mean people like that who have nothing better to do that I now live on acreage where I can do what I want and have what I want. Good luck to you.
 
It is obvious that the president wants very strict provisions, and that the provisions you have are not strict. My recommendation is to vote him out when he comes up for re-election, and to find some members who, like you, prefer the much looser provisions that you have, and run for the board. Essentially stage a coup at the next elecion (no pun intended, lol).

I disagree with your statement of being willing to not replace your birds when they eventually die. That is binding yourself to one person's inaccurate understanding of the CC&Rs, and actually implies that his opinion might be legally correct. Better to not say anything at all about it than that.

I would mention that there are others in the neighborhood who also keep chickens, so obviously your interpretation of the provisions is not unique. No, don't name them, but do mention that others keep chickens.

I would not suggest that the president make the restrictions clearer--it doesn't sound to me like he is the person you want making that judgement. You would likely end up being told what type of landscaping you can and cannot have, how tall and how frequently to mow the grass, what colours you can paint your home, an architecture committee would be created that requires all changes or additions be approved, etc. All the things that cause people to believe that all HOAs are bad.
 
I have just gone through this very same thing, and it cost me $1300+ in attorney fees ;-( I probabaly didn't even have to hire an attorney, but I'm nuts when it comes to my animals, so it was worth it for my peace of mind. So let me save you a bit of money ;-)

Backround on our case:
I'm in Texas, live on 7 1/2 acres, in a country sub division...have 2 horses, sheep and just recently chickens. My neighbors, who have never liked my sheep, totally flipped when we got 4 chickens ;-( We have no HOA, just a covenant, so it's incumbant on the individual land owners to fille any grievences they might have in regards to restrictions, with an attorney. We recieved a letter stating that we had 30 days to get rid of the sheep and the chickens, or risk litigation.
This all happened in March, it is now May and I still have all my critters ;-) so not sure where you live, but I would imagine the laws would be similar in regards to land ownership and restrcitive covenants...

If it were me, I would delete the letter you wrote ;-) too wordy, and I think you're commiting yourself to things that arent neccesary, ie. not replacing your chickens when they pass ;-( I call BS on that ;-)
Remember, " less is more". So once again if it were me, this is the info I would write in the letter (and please check your local property codes, just to be sure)

First of all there is a statute of limitations, usually of 4 years (my sheep had been here for 6 years) How long have you had your chickens? In addition, you say others in your sub. have/had chickens? I don't believe he can single one person out, he would have to ask everyone with chickens to remove them, not just you. There is a matter of discovery in the SOL, in other words, the discovery rule defers accrual of a cause of action until the
plaintiff knows or, by exercising diligence, should know of facts giving rise to the claim...I'm assuming your president has known about chickens being in the neighborhood for quite some time? In addition to that you have what's called Doctrine of Laches which states "Doctrine of laches" is based upon maxim that equity aids the vigilant and not those who slumber on their rights. It is defined as neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to adverse party, operates as bar in court of equity.

And this is basically your ace in the hole IMHO. Your covenant sounds like it reads like ours, (too bad your president is unhappy with the 'cookie cutter' version ;-) ) (we are allowed dogs, cats, and pet birds) no where does it mention the word poultry or chickens, (so in Texas property codes) it states:the Declaration of Covenants, Conditions and Restrictions
does not specifically prohibit chickens from
being raised or maintained on a Tract (as defined by the Declaration). TEX. PROP. CODE §
202.003(a) provides that a restrictive covenant shall be liberally construed to give effect to its
purposes and intent, and courts generally look to the intent of the framers in drafting a restrictive
covenant.
3 Given that the Property is located in the country, it is likely that a court will find that the framers of the Declaration did not intend to prohibit sheep and chickens from being kept on Tracts
within the Subdivision (as defined by the Declaration)

So, there you have it! I would also do a quick google search and get a list of all the major cities that allow chickens in the city limits (and there are a ton!) I would send all the above info to him in letter/email, no more no less, NO EMOTION, just the facts. I understand how hard this is, aged me about 10 years I swear!!! but I think you have a good case, lets see if you can call this Bozo's bluff ;-) Let me know if I can be of any help, going through this has really ticked me off ;-) so I'm happy to be an advocate or be of any help I can to folks having to deal with Loser neighbors ;-)

Betty Gillis
 

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