Any HOA Communities Allow Chickens?

Our city has allowed chickens (and ducks; homeowners have to meet certain guidelines) for 2-3 years now. It caught our HOA off guard because we lived in a very urban area and we never thought anyone could meet the lot requirements/guidelines to have any. Our HOA is made up of green court homes (5-11 homes per court that surround a park-like common area). Average lot sizes average about 2700 sf. Well, low and behold a homeowner did just that. Out comes the chickens with their kids chasing the chickens running around the common area. It turns out that the chickens live in the house. Yes, I said that correctly: the house. The city has been called for animal code violations and the homeowners have been cited. The homewoners have been cited a 2nd time for having roosters (not allowed at all). Now, the homeowner would like a chicken coop behind their home (they have a 3 foot space where they claim it would go). It would require approval of our design review committee. The immediate neighbors on either side and in close proximity to the homeowner demand the board put an immediate ban of any farm animal in effect (as listed by our city code). An informal poll so far runs about 10-1 in favor of a farm animal ban.

My question to my fellow knowledgeable HOA board members (and HOA resident experts): How would you handle this situation?

For those questioning how the board knows what is happening with the homeowner, they post it all on Facebook including pictures of all the chickens in the house. The chickens have diapers that they wear sometimes indoors. If the there is an poop accident? The dog is right there to slurp it up. Beyond gross, I know.

I live in a townhouse community and so we don't allow farm animals at all - no room. Although a few years ago, someone did have a chicken or two (including a rooster) running around - the Health Department was called and the chickens disappeared shortly thereafter (don't know if they were given away, ran away or ended up in a pot or frying pan!)

I subscribe to Urban Farm Magazine, which has had several articles on this subject - you might want to check out their website to for articles on how other communities and HOAs have addressed this issue. It's always amazing to me how people do this stuff and don't think of talking to the Board or even their neighbors to see if they have any concerns. These folks have already been cited for the roosters and if you allow the chicken coop, you may have more problems with the smell and noise (the Urban Farm website also had a few articles on how to reduce that risk) Personally, I'd say no to the chicken coop.

Also, take a look at the city guidelines to see if an HOA's regulations take precedence over these regulations because you're a private community. The agency that enforces the regulations may also be able to tell you if they've had complaints involving HOAs and how they were handled - that'll give you an idea of what you may and may not be able to do.

You could also contact other HOAs to see how they've handled the problem (they may have resolutions dictating maximum number of birds that can be kept, size of chicken coop, smell, noise, etc.) The Animal control department or Humane society in your area may also resources you can use to decide what to do.

If no one wants these things you could draft a formal resolution and ask homeowners for their comments first before taking a vote to adopt it - and you'll also have to decide if these people's pets will be grandfathered in). Of course, the people with the birds will object to an outright ban, but that'll open the door for a formal sit down discussing their neighbor's objections and their failure to even follow the city guidelines. Let them know if they want to keep the critters, they will have to explain how they propose to address the complaint and then do it. Good luck!

Why is it your concern that the chickens live in the house? You all live in detached structures, correct?

Do nay of your documents, Jerry prohibit home businesses?

Jerry

Do your docs prohibit the "raising" of animals? There maybe more then one way to skin a cat.

Our docs do not address anything at all about animals, including dogs, cats, or farm animals specifically. It does prohibit homeowners from causing or allowing nuisances on their property. That nuisance is defined as a noise, light or smell emminating from their property or causes others from enjoying their property.

AHA

I am always saying look for another way to skin a cat. Maybe Kerry hit on something.

I believe that your Board can make some new rules. One: In the common areas, all pets must be under the control of their owners at all times, either by being carried or on a leash.

There already is a city code about the number of chickens, right? Make a rule stating that residents are limited to xx, mirroring the city code, whatever the city code says and start your own citation and fining process.

If he must get approval for the coop, just turn him down of reason of noise and odors.

So what if this person thinks you're all picking on him!!??

Can't remember, are you on the Board, Jerry?

Our city passed an ordinance allowing 6 chickens also; however, our CCR's specify number of pets. You potentially have two choices:

1) Get enough votes to amend your docs to only allow X number of certain pets, or
2). Get enough local residents to raise a fit at city meetings to change local ordinance.

The HOA cannot grant permission for the coup as it would violate the city code. Therefore, the city should potentially not allow them to have the chickens because the property violates their city code. Potentially I would try to get the city to address the problem and the more people who complain a lot to them daily will get quicker action.

NPS, I personally dont have any health concern issues with chickens as a whole. I know there are plenty of other homes in town (with much bigger lots) that have chickens (and successfully). I do believe chickens do attract predators (foxes and coyotes are prevelent already in our neighborhood). And increased predators in the neighobrhood, when they can't readily get the chickens, go after domestic cats and small dogs. That would a bigger concern than any health concerns in my opinion.

our docs specifically state that "No livestock including poultry, pigs, monkeys, etc. nor any other animal not usually considered a house pet shall be allowed".

I don't know where they came up with monkeys back in 1983, but its there and we are not allowed to have one!

OP;

Your Covenants are silent on the chicken issue, are they not?

MYOB and let city code enforcement mind theirs!

or

begin appropriate legal action and take your chances re: nuisance

? the above would over-ride your covenants exactly how ?

even if y'all were to amend same properly, you may NOT amend to make MORE restrictive against existing owners

they are NOT violating the EXISTING covenants to which y'all are bound

keep up with the city re: enforcement of local ordinances

CLUCK CLUCK

John, I believe that our informal poll indicates there is enough support to pass an amendment. We would prohibit homeowners from bringing those farm animals (as defined by our city) outside. If they want to keep them inside, be our guest.

I guess I am wondering why you believe our HOA can not put in place more restrictive then those already in place. HOAs across the country pass new amendments banning or prohibiting things all the time. I have a friend who was an HOA president several miles away from me. They submitted and passed an amendment to their bylaws that outright prohibited homeowners from having both ATVs/4Wheelers or storing RVs on their property. Those homeowners that had them had to remove them from their property. It passed with the required quorom of homeowners. They all live on 5 acre parcels. Aother HOAs ban bully breeds (like pitbulls). I guess I assume those homeowners with specific dog breeds have to remove them from their property within a specified timeframe. There has not been any indication of grandfathering those homeowners. I know we have several cities/towns in our area that ban them as well and those homeowners were required to have those animals removed when the law was approved.

Here is what our city ordinance states:

Can have up to 8 chickens/ducks (no roosters); 2 goats
Pay $25 permit (on-time only fee)
Outside coop that is predator resistent
Chickens are kept on the back 50% of the property
Coop can not be within 15 feet of neighbor's dwelling
Have at least 25sf per bird

The city does not require a permit to put in a coop (and there is no verification by any city official to ensure compliance). The coop refusal is by our ARC because, based on the homeowner's submitted plans, it would interfere with the 3 foot easement that runs down the back portion of the property. That leaves them approx 2 feet between the easement and their house.

The homeowner now state that they are considering getting a pig (I assume a potbelly pig). I am not sure if they are serious or not.

I truly appreciate everyone's input. That is the best thing about this forum; it causes us to think of other perspectives.

That would NOT be the exact verbiage of your ordinance and you only listed points based on your interpretation. However, one of your points is outside coop that is predator resistant. You need to go to your city planning dept and ask why citizens have chickens in violation of the city code. Your best bet is to put this on their back to enforce their own code. BTW the HO most likely will also be violating city code if get a pig. Most cities you need certain acreage and not zoned community residential. So next question is what is the zone for your subdivision?

Janet, you are correct. That is not the exact verbiage. However, it accurately paraphrases the highlights of the ordinance. It does not contain any perceived biases in the wording. The city website is currently down to get you the exact verbiage.

Sure, the neighbors continue complaining to the city (if they see or know of violations). So far, the homeowners have recieved 2 visits (for the issues previously stated). However, the city doesn't seem to care that the chickens are actually in the house unless there are roosters or there are more than 8 chickens.

I am not sure of our exact zoning for our parcels. If I remember correctly, it is zone for family housing. Farm animals (as defined by the city) are allowed if they meet the criteria I listed. So without a coop, they can't have the chickens outside permanently.

I wish the homeowners would eventually drop the issue (and get rid of all the chickens) but they haven't given any indication of doing so.