federal law voiding covenants if not updated

Started by BonnieG1 • 20 replies • 2550 views

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BonnieG1 (Nebraska)
Posts: 1,186

Posted:

There is a lawsuit in my area (not my association) about chickens in a yard. The 40 yr old covenant forbids this. The article regarding the lawsuit stated that there is a federal law voided any covenants that had not been updated in over 22 years. Does anyone here have knowledge of this federal law?

NpS (Pennsylvania)
Posts: 4,216

Posted:

Seriously doubt it. Could you provide a copy of the article?

Sikubali jukumu. Read all posts at your own risk.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Federal law usually leave HOA laws up to the State. So Highly doubt this is true.

Former HOA President

PitA
Posts: 1,416

Posted:

? why on Earth do you care ?

? not enough word to be done in YOUR association ?

? bored ?

? stirring the pot (again) ?

GenoS (Florida)
Posts: 4,276

Posted:

I think it's interesting because I'd be worried too if my neighbor wanted to become a backyard chicken farmer and the covenants for the neighborhood prohibited poultry farming.

The judge ruled that the covenants prohibit raising poultry and the chickens had to go. The defendant has vowed to appeal the ruling and is claiming they are "therapy chickens" for her son.

This article is thin on details but I seriously doubt any such federal law exists that covers HOAs. There may be such a law with respect to federal lands, but at the end of the day her lawyer is grasping at straws. I wonder how much he's going to charge her for an appeal? Doing legal research on fictional laws seems kind of open-ended to me.

GenoS (Florida)
Posts: 4,276

Posted:

I was just relating a summary of this case to my wife. I got about halfway through and she interrupted me, "Hold on, let me guess.... therapy chickens?"

Late-night comedians will have a field day with this if they get wind of it.

LarryB13 (Arizona)
Posts: 4,099

Posted:

"Dorwart [attorney representing chicken owners in residential neighborhood] also believes that [Judge] Bataillon’s ruling ignored a federal law that nullifies covenants if they haven’t been updated in 22 years. Dorwart said he can find no evidence that Trendwood’s covenants have been updated, much less enforced, in the past 40 years."
source: http://www.omaha.com/news/metro/judge-rules-in-lawsuit-by-neighbor-no-chickens/article_0ca6a37e-8c07-5f92-8e86-7143e4addfea.html

According to the article, Mr. Dorwart made a number of claims on behalf of his clients and the judge rejected all of them. Among his other claims was that federal law requires the association to permit chickens because they are "therapy chickens."

The neighboring state of Iowa does have a statute that requires renewal of covenants periodically but I do not recall if it is 22 years, or 21 or 20. In any event, the Iowa statute would have no application in Nebraska or any other state.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By NpS on 09/24/2015 6:57 AM
Seriously doubt it. Could you provide a copy of the article?

I don't know how to scan anything into this site. But it was in the morning edition of today's World Herald. the lawyer also believes that the ruling ignored a federal law that nullifies covenants if they haven't been updated in 22 years. I might be able to find it on Omaha.com.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By PitA on 09/24/2015 11:38 AM
? why on Earth do you care ?

? not enough word to be done in YOUR association ?

? bored ?

? stirring the pot (again) ?

I care because our Master Deed is over 30 years old.

GenoS (Florida)
Posts: 4,276

Posted:

Another of her lawyer's defenses may hold more water, that local ordinances should trump covenants. Omaha allows backyard chickens with a proper permit. The judge tossed that defense, too. That might get overturned on appeal. I know nothing about Nebraska HOA laws, however.

NpS (Pennsylvania)
Posts: 4,216

Posted:

You're right Geno. Article is thin on details. But after looking at the pictures of the owners and their pets, I'm thinking there could be some kind of genetic link between them. Then they'd be family members instead of therapy animals.

Sikubali jukumu. Read all posts at your own risk.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By GenoS on 09/24/2015 1:54 PM
Another of her lawyer's defenses may hold more water, that local ordinances should trump covenants. Omaha allows backyard chickens with a proper permit. The judge tossed that defense, too. That might get overturned on appeal. I know nothing about Nebraska HOA laws, however.

No.

An association may adopt covenants more restrictive than governmental regulations.

It's kind of like paint colors. Your local government likely does not regulate what color you paint your home but your HOA will be on your butt if you do not follow their color scheme.

Or you can get a building permit for a shed from your local building department but your HOA may forbid the shed.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Geno

I for one do not believe local ordinances trump Covenants. Point in case is many local ordinances limit fences to 8ft and allow chain link fences whereas most Covenants only allow 4ft fences and they must not be chain link. In such a case, people "agreed" to tougher fence Covenants so Covenants rule.

FredS7 (Arizona)
Posts: 927

Posted:

> An association may adopt covenants more restrictive than governmental regulations.

Yup.

> "Dorwart [attorney representing chicken owners in residential neighborhood] also believes that [Judge] Bataillon’s ruling ignored a federal law that nullifies covenants if they haven’t been updated in 22 years.

Normally an attorney would actually cite any law that he is relying on.

GlenL (Ohio)
Posts: 5,491

Posted:

It's lawyering 101 - "If you can't dazzle them with brilliance, baffle them with Bravo Sierra."

This also applies to politics.

Studies show that 5 out of 4 people have problems with fractions

PitA
Posts: 1,416

Posted:

as per HUD's 'companion animal' letter requirement:

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD]:

[NAME OF TENANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

< underline added >

GlenL (Ohio)
Posts: 5,491

Posted:

Besides these emotional support animals are tasty and nutritious.

Studies show that 5 out of 4 people have problems with fractions

JerryD5 (Colorado)
Posts: 218

Posted:

I have seen the "chicken is a support animal" argument before (there was a case of an autistic boy in FL that sued his HOA to keep his chicken; not sure of the outcome. Same for a family in Colorado Springs a few years ago). However, doesn't this family have several chickens? Does the family need 6 ESAs?

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

On a side note--We do not allow pets. One lady wanted to know if she could have a "assistant" cat. This lady volunteers for the same organization that I volunteer for. We had a picnic a few days ago. We played a game. Questions were asked such as who has 10 Siblings, Who was born in Mississippi etc. One of the questions was "Who has more than two pets? The lady who had the "assistant" cat had more than two pets. I just thought that was interesting. I wonder if all her pets are "assistant" animals.

PitA
Posts: 1,416

Posted:

Bonnie,

does your HOA have an HUD letter in file for EACH of her 'assistance' animals ?

if not, why not ?

emotional support animals REQUIRE justification !

by a licensed professional

'they make me feel better' is NOT sufficient justification

medical necessary to function in society IS

please go to the actual above HUD site for verification of letter

or

quit whining and let the member(s) do whatever they like

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By PitA on 09/26/2015 11:06 AM
Bonnie,

does your HOA have an HUD letter in file for EACH of her 'assistance' animals ?

if not, why not ?

emotional support animals REQUIRE justification !

by a licensed professional

'they make me feel better' is NOT sufficient justification

medical necessary to function in society IS

please go to the actual above HUD site for verification of letter

or

quit whining and let the member(s) do whatever they like

No mainly because she never bought a unit here. She just looked at a unit.

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