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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 9:10 am to AlxTgr
Posted on 6/20/18 at 9:10 am to AlxTgr
quote:
Pot bellied pigs are known pets.
So if a fairly local case, to me, was won by homeowners under the wording of "house pets" for two hens, would you agree that "usual pets" could be used for hens as well?
2
Posted on 6/20/18 at 9:15 am to The Last Coco
You may be right, you aren't, but even if you are, ask yourself, is it worth it to have your HOA up your arse for the next several years to keep a couple of yard birds? The idiots that run these HOA's are like high school prom committee morons. You piss them off, and prove them wrong on this one thing, you better make sure you follow every other BS rule in the book for the next several years.
Posted on 6/20/18 at 9:16 am to NYCAuburn
quote:
Do you think I would be okay to have a dog?
Again, you're being pedantic. Absent evidence the dog is a rabid, marauding beast, a dog is a "usual pet." At least in America. And in your subdivision.
And, before you ask, a cat would also be considered a "usual pet." A chicken? Raised for eggs? In a coop outside? (Or, more likely a flock of hens, right? You're not going to walk around a sole hen on a leash - you're assembling a flock of laying hens, right? Or have I misjudged you and you're ACTUALLY going to have pet chickens in your home?)
Posted on 6/20/18 at 9:16 am to upgrayedd
quote:
also says "except for the usual pets". I'm not a lawyer, but it seems clear. You're the kind of person that makes a HOA meeting last 2 hours.
You need to find a pet store that sells chickens...problem solved. Vague phrase "usual pets" opens the door to interpretation.
But, you'll go thru a lot and they'll just vote on changing the rule to be pre specific.
If it were me, I would speak to my immediate neughbors..and if they say it's ok, I'd put some chickens in my back yard. How else would the association find out?
I am a lawyer
Posted on 6/20/18 at 9:17 am to NYCAuburn
quote:Well, I think that local case was decided wrong. Never know what will happen as long as people are making the decisions. Especially if a non-lawyer is doing it. There is no reason you should win this under the wording of the deal. It's not even a close case.
So if a fairly local case, to me, was won by homeowners under the wording of "house pets" for two hens, would you agree that "usual pets" could be used for hens as well?
Posted on 6/20/18 at 9:17 am to NYCAuburn
quote:
No animals, livestock, insects, or poultry shall be kept or maintained on any lot except the usual pets may be kept on any lot for purposes other than breeding or Commericial.
quote:
I am thinking a few backyard chickens could be considered usual pets now
I'm thinking you're probably wrong. Pretty sure when they say "usual pets" they mean dogs, cats, and the types of pets you can buy at a regular pet store...hamsters, parakeets, aquarium fish or reptiles.
I don't know where you live, but I've never heard of chickens being considered normal pets now. Only people I've ever known who had chickens lived out in rural areas and had a couple acres of land....and no HOA.
Posted on 6/20/18 at 9:21 am to Tiger Prawn
quote:Or crazy people in California.
Only people I've ever known who had chickens lived out in rural areas and had a couple acres of land....and no HOA.
Posted on 6/20/18 at 9:23 am to Ace Midnight
quote:
a dog is a "usual pet."
As I have said, a fairly local court ruled "house pet" could be refereed with hens.
quote:
Again, you're being pedantic.
You keep saying it says no chickens, well it clearly states "no animals" It is not clearly defined IMO which is what a court would require
quote:
A chicken? Raised for eggs? In a coop outside? (Or, more likely a flock of hens, right? You're not going to walk around a sole hen on a leash - you're assembling a flock of laying hens, right? Or have I misjudged you and you're ACTUALLY going to have pet chickens in your home?)
Yes my wife and daughter want pet chickens. Eggs are a great by-product just like any pet comes with some benefits. A bird dog can help me hunt, a cat can control pest, etc.... Hens become like pets to most some coup owners. Farm like animals are routinely considered pets around the country and world
Posted on 6/20/18 at 9:24 am to NYCAuburn
quote:
Yes my wife and daughter want pet chickens.
I understand. And what happens when your neighbor takes your exception and "wants" a pet pony?
You know what the byproduct of that is? horseshite.
Posted on 6/20/18 at 9:27 am to Ace Midnight
Bottom line is almost every HOA picks and chooses which rules to actually enforce and even who they will enforce them on - let this be your amoo....
Posted on 6/20/18 at 9:28 am to Tiger Prawn
quote:
Pretty sure when they say "usual pets" they mean dogs, cats, and the types of pets you can buy at a regular pet store...hamsters, parakeets, aquarium fish or reptiles.
So "pretty sure"?
quote:
I don't know where you live, but I've never heard of chickens being considered normal pets now.
I have a friend in baton rouge(works at denham springs HS) has 6 and considers them her "babies". She also lives in a residential neighborhood. Just because you have never heard of such a thing doesnt mean its not a thing. its pretty common all around the county
Posted on 6/20/18 at 9:28 am to NYCAuburn
My HOA bans poultry as well but several have them. I don’t think anyone has ever bothered them because all our lots are a minimum 2.5 acres so space isn’t an issue.
Like several posters have gathered from you posts, you have made your mind up about what you’d like to do.
Do it and let the chips fall as they may.
As a family member of a past hoa president, the crap that you’ll go through to fight the hoa is not worth having a couple egg layers.
Like several posters have gathered from you posts, you have made your mind up about what you’d like to do.
Do it and let the chips fall as they may.
As a family member of a past hoa president, the crap that you’ll go through to fight the hoa is not worth having a couple egg layers.
Posted on 6/20/18 at 9:30 am to Ace Midnight
quote:
I understand. And what happens when your neighbor takes your exception and "wants" a pet pony?
You know what the byproduct of that is? horseshite.
Well part of the restrictions are not to cause smells so if there was a nuisance it wouldnt be allowed. But under the guidelines, if it was a pet and not breed then have at it. Mini horses are allowed in more places than you might think BTW
Posted on 6/20/18 at 9:30 am to NYCAuburn
quote:
NYCAuburn
I think there is enough wiggle room in the language for you to have an argument. A weak one, but an argument nonetheless.
It seems like you already have your mind made up, so I'm not really sure why you started this thread.
Posted on 6/20/18 at 9:35 am to pointdog33
quote:
Like several posters have gathered from you posts, you have made your mind up about what you’d like to do.
For sure, I have made up my mind that we want them. I just want to make sure I can do it under the wording of the clause. Everyone is getting hung up on the first half, when the second half is where meat of the covenant is. like I said previously, I dont want to spend several days building a nice coup, my daughter getting attached to them and then having to scrap it all.
Posted on 6/20/18 at 9:35 am to NYCAuburn
quote:
NYCAuburn
I seriously hope you spend thousands of thousands of dollars and lose your arse on this.
Posted on 6/20/18 at 9:36 am to NYCAuburn
quote:I don't think you're even trying to have an honest discussion at this point.
You keep saying it says no chickens, well it clearly states "no animals" It is not clearly defined IMO which is what a court would require
Posted on 6/20/18 at 9:42 am to NYCAuburn
I'm not saying people don't have pet chickens...I'm just saying its not a common thing outside of rural areas. I wouldn't consider chickens to be in the category of usual types of pets.
Go ahead and get a few chickens if you want. Worst case if HOA says something, you can have a fresh home-cooked fried chicken dinner.
Go ahead and get a few chickens if you want. Worst case if HOA says something, you can have a fresh home-cooked fried chicken dinner.
Posted on 6/20/18 at 9:44 am to Tiger Prawn
Chickens are emphatically a HOA nuisance
Posted on 6/20/18 at 9:46 am to NYCAuburn
quote:This is wrong. There is a rule, then there is an exception. Exceptions will be read strictly. You should, and will lose this unless the person deciding it is as bad at statute interpretation as you are.
Everyone is getting hung up on the first half, when the second half is where meat of the covenant is.
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