what could happen if we keep 2 pygmy goats+?

JpG

First of all await anything legal (letter, violation notice, etc.) before being concerned about what a neighbor said.

That said, you violated the documents (which you admit you did) so if push comes to shove be prepared to lose.

Jp,

Typically, any owner (in addition to the Association) may enforce the covenants through the courts.

Worst case, in my opinion, may be that the neighbors come together and activates an Association to deal with this issue. This could lead to assessments, special assessments to pay for legal advice/representation on this issue, additional rules, etc. This could result in monetary penalties for failure to comply with the deed restrictions and, if allowed by State statutes, foreclosure on your property.

2nd worst would be the expense of a legal battle if some neighbor desires to utilize the court system to force compliance with the deed restrictions. Perhaps even paying for the other sides legal expenses.

3rd worst would be publicity over the issue which could have Realtors and potential buyers shy away from the development. This could cause sellers to lower their asking price in order to attract buyers which could then ultimately lower your, and your neighbors, property values.

Keep in mind that the deed restrictions (CC&Rs) are considered a contract between you and your neighbors (who have the same restrictions) that you will follow a specific set of conditions and use of the property. Failure to comply with said contract may result in any or all of the above possible outcomes.

Now, on the flip side of the coin, you could take a wait and see approach to what any one or a group of your neighbors will do. Will they seek to activate the Association, exercise one of their legal options or simply grumble and complain about the neighbors who refuse to comply with the covenants?

While this is possible, the costs for seeking enforcement through the courts usually starts in the range of $10,000 to $20,000 with no upper limit. Few of your fellow owners will be willing to undertake this expense for something they cannot see from their properties.



This is a real possibility although it might take anywhere from six months to two years to take any meaningful action against you as the HOA has to be resuscitated. During that time neighbors who were gung ho about throwing the book at you may run out of steam and let the matter drop.



While possible, I find it best not get my undies all bunched up until I see some concrete evidence that legal action is going to commence. A letter from a lawyer is evidence although threats are cheap. A process server at your front door is good evidence that the other side is serious.



The great thing about this is that it hurts the people making the complaint as well as all your other neighbors. This is certainly something to consider before doing a whack job on covenant violators. It also puts the lie to old argument that covenants protect property values.



This would be the smartest course of action. Grumbling is easy. Getting an HOA off the ground is not easy. Pursuing legal remedies is neither easy nor cheap.

With 5-10 acre lots and no direct visibility, I doubt you're going to hear from a representative of the association. Breed on my friend.

While our HOA is a bit bigger (63 homes that do not have hardly any land between them; lots average 4,000-5,000sf) we do not allow any farm animal (our city defines what that is; chickens, ducks, goats). We had one particular homeowner that kept a 1-2 dozen chicks in their house. If they had been discreet, we wouldn't have known. But they advertise on Facebook and are ardent and vocal urban farmers. I would just say be discreet. Eventually your neighbors will find out but whatever you do, don't advertise what you are doing. In our case, we ended up fining this homeowner. They sued us and lost in small claims court. Good luck with your little farm.

JpG,

Since you have only 8 lots with 5 owners you might want to consider trying to amend the CC&R's to allow goats and other animals. Your CC&R's should have some means provided within them for amendments. Typically, 2/3 or 3/4 of the owners can force an amendment through. Because yours are large lots I suspect that you are not the only owner in violation of the covenants and you may be able to find allies in your quest to keep the goats.

Many thanks for all the advice and especially the potential scenarios we may face.
A problem defined is 50% solved.

Best to All -- JpG

You VOLUNTARILLY entered into a Covenant with your neighbors.

If the 'rule' in question is contained within, or authorized by, said covenant:

You may receive 'notices of violation'.

You may be 'fined' by the HOA.

You may be 'sued' by the HOA (or an individual HO).

You may be the recipient of a 'court order' to comply.

You may become liable for tens of thousands of dollars of legal fees.

The 'potential' ultimate result of noncompliance may be loss of your home because of foreclosure.

ps. I usually end with the admonition to 'caveat emptor', but, you actually were aware of the 'rule' you choose to ignore