Ypsilanti Twp - MI / Association requesting we remove... Please read

[cassie]

I think I would immediately put the association on notice, nicely of course, that they have no legal right to come on your property for any reason, let alone to remove anything, and that they had better not try.

 

[tammayrend]

I know that the breeds I have are considered "larger" in terms of chickens, but not when looking at "birds" overall as a species. That's where I would try to make the arguement. The bylaws don't stipulate anything beyond "caged-domesticated-small-bird". Our "caged domesticated birds" are smaller than say some parrots, turkeys, etc. One website even went so far as to say "Large domesticated birds" are ones that are 16-32".

I probably AM fighting a loosing battle...

But the bylaws are not being enforced across the board - INCLUDING the total number of dogs/cats in any household. (the bylaws say only 2 dogs, cats or in combination) I know this because I know neighbors who have more than 2 dogs or cats - I simply would not prevent a neighbor from having ANY pet unless it was one that was causing problems in the neighborhood. i.e. a nastiness, stinky, noisy, etc.

So it's back to the losing battle or fighting a VERY steep uphill one.

 

[babszoo]

I would definitely fight back. Talk to your neighbors, see if they will back you. I like your arguments in your letter and think you have a shot. If you lose and they start getting nasty, I would mention that maybe when they start enforcing all the other infractions, you might consider getting rid of your girls and not until then. Otherwise you might have to file a lawsuit for discrimnation, since they are forcing you to get rid of your chickens when others have extra pets and other infractions that are going unchallenged. Go on the attack, maybe they will back down.

 

[BigPeep]

As I indicated before, I don't see any way around this provision. It refers to "any animal, including household pets" and then excludes only one dog, one cat or two cats and two dogs. Otherwise it requires written permission in advance. If you had that, you wouldn't be writing this.

This is what you get when you move into a subdivision. If you want chickens, goats, etc., you need to move into the country or be in a city that permits them but not be in a subdivison with its own restrictions. People set up those restricitions because they specifically don't want to be around certain things.

If you really have your heart set on living in that subdivision, you might try running for the association board the next time they have an election. Usually nobody knows about those things so if you can get a group of people you know to show up and vote, you have a good shot. Better yet, run an entire slate and pack the meeting. That way you will have controlling votes once elected.

Cities are different. They may have diverse populations and diverse housing stock and neighborhoods. When Chicago tried to ban chickens a few years ago, the Hispanic community showed up in force and killed it.

 

[MysticScorpio82]

Whoa, wait, You are in Michigan, correct? If that is the case then I suggest you read this thread:

https://www.backyardchickens.com/forum/viewtopic.php?id=182280

It is my understanding that the Michigan right to farm act null and voids ANY other local laws and restrictions involving chickens (including towns, zoning, etc) IF you have intent to sell some eggs. If this is the case, then I don't think they can't legally force you to get rid of your chickens. Towns have gone to court over this, in michigan, and lost, because state law trumps town laws.

 

[michickenwrangler]

My mother who lives in Saline called about an hour ago all excited because Ypsilanti just approved zoning for chickens. Ironically, this is in the city, not the township, but the latter shouldn't be far behind.

You are now allowed to keep 4 hens in Ypsi city limits

 

[briana1975]

Quote:
I read this and it sounds like your way to go. Sell some eggs when you get them and you shouldn't be bothered again.

 

[ChooksChick]

I would consider hiring an attorney to write the letter for you- citing that right-to-farm act and the new ordinance allowing 4 hens nearby.

That may be enough to intimidate them into thinking it's a reasonable interpretation of the by-laws. They may drop it after that.

Best of luck!

 

[Sonoran Silkies]

I am not sure that the Right to Farm Act will override HOA/Condominium restrictions. Here is my reasoning.

HOAs/Condos are private associations, not governments, even though to a certain extent they have some similar functions. CC&Rs are legally viewed as a contract. By purchasing the property, you agreed to the provisions of the contract.

In Arizona when purchasing property in an HOA or Condominium you MUST sign a document stating that you realize that the CC&Rs are a legally binding contract. It's possible that Michigan will view things differently, but I doubt it--perhaps some of those knowledgeable on Michigans RTFA and the legal decisions that have been rendered will chime in.

 

[tulie13]

With the fact that other home/condo-owners in your neighborhood are already breaking the ordinance by having multiple dogs/cats, I think you may be able to fight this one. It would come down to "OK, you guys won't let me have my four little hens? Then I won't let you have your four dogs and cats - please get rid of two of them promptly." And watch them SCREAM because you can't take away their little fuzzy babies who are members of their family, BLAH BLAH BLAH.

Then you can say, "well, I'll be OK with signing off on a waiver for you if you sign off on one for me and MY four little feathery family members!"

Also I would question - how big do other "pet"-type birds get? Like some of those African macaws and stuff? I think they can get pretty big. If your birds are the weight of a mature macaw, you might also have an argument that they are simply domesticated caged "birds" per the intent of the rule. Also the fact that they reference SMALL in the rule, to me that indicates something you could put in a cage that you could pick up by yourself. As in a "small" caged rodent might be a hamster or a rat, but not a kangaroo (yeah, I know it's a marsupial, but you know what I mean).

I think if you can carry your animal under one arm, then whatever that animal is it would be termed a "small animal". A "large animal" is a German Shepard, Great Dane, Pig, Cow or Horse. A chicken is simply "small". I don't read that ordinance to say that if you keep birds the birds must be "small birds" as opposed to "large birds", although I think an ostrich or emu would probably be a concern...