Vague Restrictions

[Sonoran Silkies]

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Whether chickens are considered livestock can vary considerably. Some states specifically define livestock; in Arizona, chickens are NOT considered livestock; they are considered smallstock. The fact that birds are allowed gives leeway to allowing a few chickens. Certainly not a large flock of meat chickens or even a large flock of layers, but a SMALL set of birds could indeed be considered pets.

You are correct that the coop is a separate matter than are the animals. Some HOAs are very specific on structures that are and are not allowed, and an approval process; others are not. Many HOAs have defined penalties; others do not, but can enforce the rules to the extent of getting a court order to remove violations.

Changes to the CC&Rs are usually quite difficult, often requiring approval by 2/3rds to 3/4ths of all lot owners (not just of those voting). Changes to rules are considerably easier, usually just requiring a majority of those voting.

Having the provision that specifies raising an animal as a public school project could probably be ruled unenforceable as it disallows children attending private schools or who are homeschooled the same opportunity.

 

[Sonoran Silkies]

Quote:
Legally, the contract is what is WRITTEN, not someone's interpretation of what that means. That is one reason why most contracts use tons of legalese and spend a lot of time defining terms. If there is a section in the CC&Rs that specifies that "birds" are "only canaries, finches and parakeets," then he is right, but without that written definition, he is legally up a creek. More and more people are keeping chickens as pets, including more and more people who have a housechicken or two. You should probably check to see if others in your community have chickens or other animals such as rabbits, hamsters or gerbils, guinea pigs, fish, etc. Violation of a provision cannot be enforced against some residents while a violation by others is ignored--that is unequal protection under the law, and the provision would be ruled unenforceable.

Provide the board with a strong letter stating that your chickens are birds, they are pets, and thus are allowed. Cite examples of cities that allow small flocks as pets, reference the growing number of chicken keeping websites, especially those that are based upon the presumption that they are pets.

In most cases, the party who prevails in a lawsuit can have their expenses covered by the party who loses the case. Make sure that the board knows that you will countersue for attorney fees and all your court costs should they pursue legal action.