Ya I'm new... question! Okay in City but not in subdivision.

[kcfuerst]

What city do you live in?

I have experienced the grief and sorrow I speak of. I had 12 letters from neighbors saying they approved, my place is clean and neat as a pin, yet I was ordered by the City to dispose of all my chickens because of ONE lousy no good drug-infested complainer who lived two houses away who said my hens kept him awake at night. Yeah, right.....along with the voices in his head.

Don't count your chickens before they hatch, they say.

Fortunately for me, the City was not deaf and they changed their ordinance and provided a means to keep chickens in spite of the crotchety old bastage and now he could complain 'til the cows came home and the City would not pay attention to him.

Unfortunately, the process to change the law took an entire year. I had to give up my lovely feathered friends over it all until everything was settled and approved.

Fortunately, now I have new girls and the evil guy can't do a thing about it.

I don't recommend taking the painful route to anyone.

 

[fargosmom]

I'm confused - how can you have CC&R's if you're not in an HOA? Who comes up with and enforces those rules if they're different than your city ordinances?

 

[FrenchHen]

Get Polish hens and claim they're Alaskan parrots a guy sold you at a flea market.

 

[Hunny]

Quote:
Thats a good question!
But I have never heard of, and I am not aware of a HOA in this area.
I would assume that the CCnR was written as an agreement from the seller of the property when they decided to build the subdivision. IDK

FYI I'm in a middle-sized city in Kansas.

 

[fargosmom]

Seems to me you need to find those docs and read them carefully. If there really are enforceable CC&R's they may affect other uses of your property besides just your desire to keep chickens, and they can lead to nasty fines if you violate them and someone decides to enforce them. On the other hand if they're NOT CC&R's, but perhaps just a rehash of the city codes, then you should confirm what the city ordinance is by contacting the city. Then if your crabby neighbor complains you'll know for sure where you stand. Knowledge is power. Here's hoping you get to enjoy your new chickies for years to come!

 

[theFox]

Quote:
It is not uncommon for a person subdividing land to add restrictions on what can be done with the land. Frequently there is a group setup at the same time call a Homeowners Association and that group is provided the power to enforce the restrictions and in order to live there you must join the HOA and sign a legally binding contract with them.

However if there is no HOA then theoretically the property owners have to sue for enforcement.

Now having said that, whatever the restrictions placed on the property by the subdivider, they must also be legal.

If you don't have the legal authority to do something you can't do it. This is where a lot of non HOA subdivisions fall apart.

So it is also not uncommon for the law to be able to strike down certain restrictions.

It is truly a long winding legal minefield to navigate.

You are best off to make certain that as few hoops to jump through as possible exist for the property you are buying before you even make an offer.

 

[fargosmom]

Quote:
But once the property is subdivided, if there is no overseeing HOA, don't the new owners of the subdivided properties have the right to do with their property as they please, as long as it's in accordance with the city's codes? Seems to me once you sell a property you no longer have the right to make any decisions about how it's used. I don't understand how the original property owners retain any rights once the property changes hands.

 

[Hunny]

Quote:
It is not uncommon for a person subdividing land to add restrictions on what can be done with the land. Frequently there is a group setup at the same time call a Homeowners Association and that group is provided the power to enforce the restrictions and in order to live there you must join the HOA and sign a legally binding contract with them.

We never signed a HOA contract/paper/agreement.


Also, anyone ever heard of the "Freedom to Farm Act" ?
Someone told me about it today- but I cant find any solid info on it.

 

[Sonoran Silkies]

That would be CC&Rs, not CCNRs (Codes, Covenant & Restrictions). Typical HOA language, but it could also be deed restrictions. Depending on the age of the neighborhood, it is possible that there was an HOA at one time that has "timed out." Meaning that without a specific efort to ensure that it continued to exist, it would cease to exist after a certain date as specified in the documents.

Okay, before I even posted this I see a number of other responses.

When land is subdivided and sold, there is a sales contract. Just as with any contract, each party can provide whatever language and conditions they believe the other party will agree to. Once upon a racial descrimination ago it was common to include a restriction that forbade a purchaser from EVER selling the property to a black person. Now that, IMO, is a very stupid restriction, and was ruled unenforceable (due to being unconstitutional) decades ago. An example of a more reasonable restriction is my folks' home. A deed restriction required that garages not open onto the street, and another required brick construction. These restrictions expired after a certain number of years (in the expectation that the neighborhood would already be completely built by then, voiding their continued need).

 

[Sonoran Silkies]

Quote:
But once the property is subdivided, if there is no overseeing HOA, don't the new owners of the subdivided properties have the right to do with their property as they please, as long as it's in accordance with the city's codes? Seems to me once you sell a property you no longer have the right to make any decisions about how it's used. I don't understand how the original property owners retain any rights once the property changes hands.

No. It is quite common to sell just about anything with attached restrictions.