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Started By
Message
re: Chickens and HOA’s Are There Any Attorneys On The Board?
Posted on 6/20/18 at 8:00 am to Ace Midnight
Posted on 6/20/18 at 8:00 am to Ace Midnight
quote:
There was a time where an American public education would almost guarantee this sort of knowledge by the 7th, 8th grade.
But, not today apparently.
Agreed, because some of you are having a hard time with the exception. It also clearly states that "animals" are excluded. Wouldn't you agree Dogs, cats, etc...=animals? So obviously the first part of the clause is simply outlying everything. Hell really they could have just used animals and insects as livestock and poultry are clearly animals.
The exception and restrictions after is where the policy is enforced. they make no distinction or definition of what "usual pets" is to be. A usual pet is also "animal" which would be excluded by your use of only the first half of the clause.
I am merely asking if the clause is loose enough where a hen could be considered a "usual pet". The entire covenants make no definition of "usual" or "pet". Similar, but not exactly the same, covenants have gone to court around here and been won by homeowners, so obviously I am not the slow one around here. Times have changed, backyard chickens as pets, just like "service animals" have become popular. I am not going to disturb any neighbor. The only ones that have issues arent going to be close to me and are going to be the idiots, like a few in here, who thinks having chickens is trashy and need to grow up.
This post was edited on 6/20/18 at 8:09 am
5
Posted on 6/20/18 at 8:10 am to NYCAuburn
quote:
Agreed, because some of you are having a hard time with the exception.
I think you're having a hard time. "Usual pets" are clearly dogs, cats, pet birds and aquarium fish.
I agree, they've opened themselves up for arguments about lizards/snakes, bunnies, etc.
"Animals" is a catch all. "Livestock" implies the traditional farm mammals (horses, goats, sheep, pigs) - but you would argue a pony would be excepted, I suppose? If you're not raising it to breed or compete, right? Just to care for and ride? That's a "usual pet."
"Poultry" is pretty specific - while a mina bird or parrot is probably excludable under the "usual pets" - geese, ducks, chickens are likely the intended target. You're going to argue that a "pet" hen is a thing. Good luck.
quote:
backyard chickens as pets
It's just nonsense. Every single person with backyard hens is raising them either for their eggs, for meat, or both. Thus "poultry." Anything else is just pedantic and should be stricken down by any HOA hearing or arbitration. Again, good luck.
This post was edited on 6/20/18 at 8:13 am
Posted on 6/20/18 at 8:11 am to NYCAuburn
It's like if you go to a bbq restaurant and they say "we're out of all food except for pulled pork". It's easier for them to list what is available instead of all the things that are not. You're talking down saying this is bad grammar but you're just trying to read it like you want when clearly everyone else but you is reading it as intended.
But your mind is made up. go for it!
But your mind is made up. go for it!
Posted on 6/20/18 at 8:14 am to NYCAuburn
quote:
The only ones that have issues arent going to be close to me and are going to be the idiots, like a few in here, who thinks having chickens is trashy and need to grow up.
Meh. I don't object to chickens on rural property. I would consider raising them myself in the future, so point the dirty end of that stick in some other direction, thank you very much.
What I'm not going to do is try to wedge chickens, and all the nuisance to others that involves, into a HOA covered subdivision with a restriction clearly intended to preclude the raising of chickens (or other barnyard animals).
Posted on 6/20/18 at 8:33 am to NYCAuburn
The reason they put animal in there is no one would bring animals like an alligator or some crazy shite and say its not listed in the contract. They clearly mean dogs and cats for the usual pets.
Posted on 6/20/18 at 8:54 am to NYCAuburn
It's pretty cut and dry to me.
I think you should put this in the OT though. Should go other well
I think you should put this in the OT though. Should go other well
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