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re: Chickens and HOA’s Are There Any Attorneys On The Board?

Posted on 6/19/18 at 10:20 pm to
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 6/19/18 at 10:20 pm to
quote:

Grebe


Not sure why you deleted the reply but that is exactly what I was thinking. The clause contradicts itself and the contradiction is very ambiguous.

I don’t have my mind made up. Again I’d just like to have an out if anything comes up. The clause doesn’t define shite. My neighbor won’t give a shite. If anything it’s going to be some nosey neighbor that isn’t close by. Besides being on a nature preserve the other side of our neighborhood borders a small cattle and goat farm. So it’s not like I am in a city.
Posted by Coon
La 56 Southbound
Member since Feb 2005
18492 posts
Posted on 6/19/18 at 10:51 pm to
I know I’m repeating what’s been said but it LITERALLY says you can’t have poultry. It doesn’t intimate it. It says POULTRY is banned.

Posted by SportTiger1
Stonewall, LA
Member since Feb 2007
28504 posts
Posted on 6/19/18 at 10:51 pm to
How did they find out about these non-poultry, non-animal, usual pet chickens?
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 6/19/18 at 10:53 pm to
quote:

I know I’m repeating what’s been said but it LITERALLY says you can’t have poultry. It doesn’t intimate it. It says POULTRY is banned.


Yes and it also says all animals, which would mean fish, dogs, cats, etc.... I think you are missing the next part of the clause.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 6/20/18 at 12:28 am to
The fact it specifically bans poultry and then goes on to make an exception for "usual pets" leads me to believe chicks are not considered usual pets. They want poultry banned separate and apart. If push came to shove, you would lose. I suggest asking for a variance like the other gentleman suggested.
This post was edited on 6/20/18 at 12:28 am
Posted by Tigertown in ATL
Georgia foothills
Member since Sep 2009
29206 posts
Posted on 6/20/18 at 5:11 am to
quote:

Yes and it also says all animals,


Why are you arguing? Like someone said, you have your mind made up.

If you can convince a judge, arbiter, etc that a chicken is a usual pet then go for it.
Posted by DownSouthDave
Beau, Bro, Baw
Member since Jan 2013
7377 posts
Posted on 6/20/18 at 5:36 am to
quote:

I think you are missing the next part of the clause.


I don't think anyone is missing anything. You want someone to come here and say that chickens aren't poultry, that they are a usual pet and they obviously aren't.

I wouldn't ask permission though, I would just throw some chickens in a coop and see if anyone has a problem with it. Worst case scenario is someone speaks up and you get to make dumplings.
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 6/20/18 at 6:11 am to
quote:

HOA’s

why would anyone live in a place where other people can tell you what to do? I love my chickens and quails. idgaf if my neighbors do
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 6/20/18 at 6:14 am to
quote:

I’m moving to a neighborhood that has restrictions. They’re very reasonable, so it didn’t deter me. There’s no HOA. So who would enforce these restrictions? The restrictions for my neighborhood says no livestock, but it says nothing about chickens. So I assume they’re allowed.

I live in the same type of neighborhood. I got chickens and quails anyway. no one said shite and no one can enforce it.
Posted by Ron Cheramie
The Cajun Hedgehog
Member since Aug 2016
5143 posts
Posted on 6/20/18 at 6:23 am to
HOAs do serve a purpose. They are there to keep property values up by keeping the trashiness down. No one wants their neighbor with his '72 impala on blocks under the oak tree in the front or the grass looking like a hayfield.

Don't be trashy, go buy your eggs at the store or move somewhere else.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89542 posts
Posted on 6/20/18 at 7:23 am to
quote:

You know poultry = chickens, right?


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.
Posted by bobaftt1212
Hills of TN
Member since Mar 2013
1317 posts
Posted on 6/20/18 at 7:38 am to
so my jackleg neighbors can't have chickens?
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134865 posts
Posted on 6/20/18 at 7:38 am to
quote:

Correct and hens are a new common pet

Nah.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134865 posts
Posted on 6/20/18 at 7:40 am to
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.

Maybe he can say they're service animals for his PTSD.
Posted by Teague
The Shoals, AL
Member since Aug 2007
21696 posts
Posted on 6/20/18 at 7:50 am to
quote:

Yes and it also says all animals, which would mean fish, dogs, cats, etc.... I think you are missing the next part of the clause.





The "except for the usual pets" part is referring to "no animals" at the beginning of the sentence. The "no poultry" means no poultry and the "except" isn't in reference to that.

I admit it's poor wording and an indictment for the education system in america, but you're not going to win that fight, if they care enough to fight you having chickens.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 6/20/18 at 8:00 am to
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
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 6/20/18 at 8:02 am to
quote:

The "except for the usual pets" part is referring to "no animals" at the beginning of the sentence. The "no poultry" means no poultry and the "except" isn't in reference to that.



You read it wrong, only one "no" and "animals, livestock, insects, or poultry" is followed by the first no. they all go together

quote:

No animals, livestock, insects, or poultry shall be kept or maintained on any lot except the usual pets
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67488 posts
Posted on 6/20/18 at 8:08 am to
You can't do it.....the HOA will crush you in court. I hate HOAs (am in one but my next house won't be).
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89542 posts
Posted on 6/20/18 at 8:10 am to
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 by Coon
La 56 Southbound
Member since Feb 2005
18492 posts
Posted on 6/20/18 at 8:11 am to
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!
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