Amending Covenants to expand currently excluded animals

PaulaF (Virginia)
Posts: 8

Posted:

We have 18 lots in our HOA. Our restrictive covenants state that an amendment can only be made only if it does not conflict with the true intent, tenor and effect of the Restrictions and Protective Covenants and if in its reasonable judgment, the Property Owners Association deems it to be in the best interest of the Subdivison.

Currently, our covenants state that "no animals, livestock or poultry of any kind shall be raised, bred or kept on the property except (a) one horse, per acre, but not to exceed 6 horses per Residental Estate, and (b) dogs, cats or other household pets may be kept on the Residential Estate.

Some of the new homeowners want to amend the covenants to include goats, chickens, llamas, maybe cows. The surrounding land is zoned agricultural and it seems that the developers intended for these residential estate lots be restricted from being mini farm lots.

My argument would be that amending the restrictions would conflict with the true intent, tenor and effect of the covenants, and therefore should not be brought to vote.

We have not yet sought legal counsel, but some homeowners are considering this, as they have lived in this community since its initial development and are concerned about property values decreasing and concerns about odors, noises, etc., if the animal restriction is relaxed.

Any thoughts?

Another related issue (and how this discussion began). If the covenants are not amended to expand the types of animals allowed, then the homeowner would like to use the household pet reference in the covenants to have his goat. His original request was to have the goat to help teach his children about animals, kind of like a 4 H project.

The homeowner has requested permission for a pygmy goat and this is currently before the board. Some homeowners shared definitions of livestock and companion animals contained in Virginia's animal welfare act document. However, our documents reference the term household pet.

There are federal definitions of household pet and these clearly do not include goats. Of course, the concern is if goats are allowed under the household pet term, then where does this end and almost any animal can be claimed as a pet.

Any thoughts?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Paula,

I recall reading an appellate court decision somewhere about the issue of household pets versus livestock. I think it involved some sort of pygmy or dwarf goats. The court held that because the owners did not intend to sell the goats or their byproducts that the goats were considered household pets, even though the goats never set foot inside the home. If the owners had been breeding the goats for sale or selling their milk then they would have been considered livestock.

I am sorry that I cannot recall what court or even what state this was in.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By PaulaF on 04/20/2016 5:06 AM
We have 18 lots in our HOA. Our restrictive covenants state that an amendment can only be made only if it does not conflict with the true intent, tenor and effect of the Restrictions and Protective Covenants and if in its reasonable judgment, the Property Owners Association deems it to be in the best interest of the Subdivison.

You might want to check to see if there was any marketing materials used to promote the development initially either to local government or to potential buyers. What those materials actually say might reflect the "true intent, tenor, and effect"

Sikubali jukumu. Read all posts at your own risk.