Yet another sloppy HOA CC&R take a look, comments?

[gorillatron]

First let me say that I really appreciate all the information that this community posts!

I have had chickens for about a year. I live in a detached house with big back yard but we have an HOA that takes care of common areas. It is a development of 123 new homes that is about 16 months old in Pomona California.

Let me say the following:

- Before I got the chickens I called the city of Pomona to see if I was ok and I was. They said I could have up to 14 hens but no rosters. I have 2 hens. Double checked the code and I am ok. City guy was very helpful.

- I looked at the CC&R's about animals (see below) and found that they contradicted themselves in a few places and seem to be wide open to interpretation). I know this might be a problem but I was willing to act on it if it came up.

- I have the full support of all five of my direct neighbors and they have signed a statement that they have no problem with my hens.

- The one who seems to have a problem with my hens is the property management company that is employed by the HOA. (They don't like me because I am also spearheading a drive to remove them.)


So........ I am interested in fellow chicken owners take on the CC&R I have posted below. Any unique arguments that are pro-chicken? I have no problem doing battle with the HOA and the management company.

WHAT I AM NOT interested in is commentary about HOA's in general and people who say "well you signed a paper that says you have to follow the rules". CC&R's can be changed I know how to do that and HOA's are a must if you live in a town like Pomona. Homeowners shape the CC&R's not home builders and attorneys.


8.2.6 Animals. An Owner of a Lot may keep and maintain in the interior of the Residence and rear yard s (i.e., not in the patio, garage or upon any Common Area) a reasonable number (as determined by the Board) of domesticated pets such as dogs, cats, birds, or other usual and ordinary household pets subject to the Pomona City Code and to size and weight limits established by the Board and provided that such animals are not kept, bred or raised for sale or other commercial purposes. All animals shall be kept either within the Residence (rather than the garage) or, if outside the Residence, on a leash being held by a person capable of controlling that animal. The installation and maintenance of aquariums for fish (but not reptiles, insects or other exotic animals which are not permitted within the Project) may be permitted subject to prior approval by the Board and restrictions on size and water volume. Except as provided above, no animals, livestock, birds, poultry, reptiles, insects or other exotic animals shall be brought within the Project or kept in any Lot thereof or area appurtenant thereto. Owners keeping pets shall be accountable to the other Owners for the acts of such pets and, should any Owner be unable to control barking or other noise or acts of such Owner's pets that disturb his neighbors, such Owner shall be required to remove such pet from the Project. Each Owner shall be responsible for cleaning up any excrement or other unclean or unsanitary condition caused by any animal residing with or visiting said Owner. Every person bringing an animal upon or keeping an animal at the Project shall be liable pursuant to the laws of the State of California to each and all persons for any injury or damage to persons or property caused by such animal. Declarant and the Association shall by fully indemnified and held harmless by virtue of any physical injury and/or property damage proximately caused by the maintenance of any animal within the Project.

Thanks,
Gorillatron

 

[Sonoran Silkies]

You are right. There are definitely contradictions. First they say that you can keep pets in the residence or backyard. Then they say in the residence or on a leash that is held.

You need to see how the code for Pomona refers to chickens. "usual and ordinary household pets subject to the Pomona City Code" If they are included as household pets, then you ought to be in the clear. "Except as provided above, no animals, livestock, birds, poultry, reptiles, insects or other exotic animals shall be brought within the Project or kept in any Lot thereof or area appurtenant thereto."

 

[sdm111]

In my dealings with city and state officials ( no hoa) print trumps hearsay and the print says no livestock, poultry.

 

[Sonoran Silkies]

In my dealings with city and state officials ( no hoa) print trumps hearsay and the print says no livestock, poultry.

You are correct, the written covenant trumps hearsay. The problem is that the written covenant contradicts itself, and it also relies on the definitions set by the city. If the city identifies backyard chickens as pets, they are allowed, if they are identified as anything other than pets, they are not.