Vague Covenant, but no HOA...

[FalcoOat]

Thanks everyone for all the helpful advice! After looking over the covenants, it does indeed look to be part of the deed. This would be nice for the average homeowner to be made aware of before investing money. I spent a lot of time making sure my coop looked good and was fully insulated, so it wasn't exactly cheap. The chicks have been delayed due to hatch issues, but we have yet to cancel the order. I do feel like we have a fairly strong case but hate to gamble when kid (and adult) emotions are involved, not to mention the lives of these chicks.

 

[Mac in Wisco]

In my opinion (for what that's worth), the language is too vague to be enforced. It would specifically have to say that you can't own chickens (or birds) for a court to side against you. The way it is written, it says you can have pet birds. Who's to say what "customary" pet birds are? Would a parrot or a macaw be okay or just parakeets and cockatiels? What about pigeons? The developer can't pick and choose what uses are restricted after the fact, only what is clearly stated in the covenant. Way too vague...

 

[FalcoOat]

I really hope you are right. We are meeting with a lawyer next week to talk about this. Crazy that something as simple as keeping a small flock in my backyard would be such a big deal to some people. I hope some day I can laugh about all of this!