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Posted by JazonZ - allowing back yard chickens

Started by TimB4 • 7 replies • 1960 views

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TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JasonZ on 03/06/2012 8:51 PM
I have requested to have back yard chickens...and the fun begins.

The covenant states "No domesticated or wild animal shall be kept or maintained on any lot, except for common houshold pets such as dogs and cats wich may be kept or maintained,"

This is the part that the board is debating. At least they are discussing it. Some are even supportive and would like to have chickens as well. If they are willing, can't they amend this as it is a covenant?

TimB4 (Tennessee)
Posts: 21,059
Posted:
This was posted in a different thread and seemed to have been lost in the discussion.
Therefore, I've posted it in this thread
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jason,

A Board may not change a covenant. Only the membership may do that.

The way to amend your covenants would be found within your Declaration of Covenants, Conditions and Restriction (CC&Rs). Typically, it can 2/3 of the membership to agree in order to amend the CC&Rs.

Your Board might be able to expand the definition of "common household pet" to include chickens.
If your board chose to better define the definition, per VA § 55-513 the membership could vote to overturn that rule.

You should also be aware of Virgina Title 3.2 Chapter 65 which deals with Comprehensive Animal Care as these laws may be applicable.

Although VA laws does not define the term "pet" VA § 3.2-6500(see link above) does define "Companion animal" as:

"Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

Hope this helps,

Tim

JohnB26 (South Carolina)
Posts: 1,569
Posted:
DITTO

plus:

the intent of the existing covenant language was probably to prohibit 'livestock' type animals including, but not limited to:
chickens
ducks
geese
goats
sheep
pigs
etc.

? do you really want to live next door to a farm ? ever smell one ?

plus:

the BOD may NOT 'unilaterally' ammend the covenants and restrictions

usually (see YOUR documents) it requires 2/3 or 3/4 of 'ayes' from ALL members (not merely a vote from a quorum)

CAVEAT EMPTOR
BradP (Kansas)
Posts: 2,640
Posted:
The key is the phrase "common household pet"...chickens are not household pets, they do not live in a home. The interesting part is that I wonder if the guinea pigs we have inside would be considered common household pets under this rule?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BradP on 03/08/2012 1:02 PM
The key is the phrase "common household pet"...chickens are not household pets, they do not live in a home. The interesting part is that I wonder if the guinea pigs we have inside would be considered common household pets under this rule?

This drove me to our CC&R's

""""No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, except that dogs, cat, or other and common household pets in reasonable number, as determined by the Board, may be kept on a lot."""""

BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By JohnC46 on 03/09/2012 7:00 AM
Posted By BradP on 03/08/2012 1:02 PM
The key is the phrase "common household pet"...chickens are not household pets, they do not live in a home. The interesting part is that I wonder if the guinea pigs we have inside would be considered common household pets under this rule?


This drove me to our CC&R's

""""No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, except that dogs, cat, or other and common household pets in reasonable number, as determined by the Board, may be kept on a lot."""""


define what a "common" household pet is? Cats, yes...Dogs, yes...rabbits, maybe...hamsters, maybe, etc...
BrianB (California)
Posts: 2,820
Posted:
See my post in the other thread, but again, common household pet is vague...

Common where, for example?
What defines "common"? Found in 1% of homes? 5%? 50%?
What is a pet? Guinea Pigs, for instance, are pets in the US. In the Andes, they are livestock.

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