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KristenW1 (North Carolina)
Posts: 2
Posted:
We are a community of about 100 homes outside city limits. Our covenants are fairly simple. They state no animals allowed, except for pets. We have someone with a pet duck, and someone with a few hens. There have been no complaints. I am inclined to consider these pets. Anyone have experience with this?

According to our local paper, backyard chickens are increasingly popular with people interested in green/sustainable living. I'm not sure what to think, but I guess I'm willing to let this play out. Just curious if anyone has encountered this.
MicheleD (Kentucky)
Posts: 4,491
Posted:
No. Chickens and ducks would not be allowed in our community.

Neither would pigs, which someone tried.

We live fairly close to the 'rural' area, but even if our CC&Rs didn't restrict them, our local Zoning Ordinances do.

Here's our CC&R:

Section 4. Animals. No animals, including reptiles, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (meaning the domestic pets traditionally recognized as household pets in the geographic area) may be kept, provided they are not kept, bred or maintained for any commercial or breeding purposes.
BrianB (California)
Posts: 2,820
Posted:
So michele, your codes prohibit children? I wanna live in your HOA. that would be heaven...

(at least, last i checked my biology degree, kids are members of the Animal kingdom, chordata phyla, mammalia class, primate order, etc. Very definitely animals, by all definitions of an animal.)
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Michele,

What about ducks that inhabit our ponds? If I feed them, does that constitute keeping them, in your opinion? If not, what would I have to do to make it a violation of the covenant?

Where is the line drawn?

MicheleD (Kentucky)
Posts: 4,491
Posted:
I think I'm catching on to your game.

I'll opt not to play, thanks.

KristenW1 (North Carolina)
Posts: 2
Posted:
Our local ordinances allow backyard chickens, and if there are only a few with names and they are not used for meat, then I am inclined to allow them on the assumption they are indeed pets.

In my research, I found this interesting synopsis about the question. Apparently, the city of Clay Alabama is dealing with this right now.
http://www.urbanchickens.net/2008/07/are-urban-chickens-really-pets.html

BradP (Kansas)
Posts: 2,640
Posted:
Kristen:

I would say that is your documents are that vague you have to allow them...I could have a cow, horse and an elephant in my yard and say they are pets and there would be nothing you could do about it...unless you have information that they are raising these animals to see or slaughter there isn't much IMO you can do.
JohnB7 (South Carolina)
Posts: 176
Posted:
Quote:
Posted By BrianB on 08/17/2008 9:41 PM
So michele, your codes prohibit children? I wanna live in your HOA. that would be heaven...

(at least, last i checked my biology degree, kids are members of the Animal kingdom, chordata phyla, mammalia class, primate order, etc. Very definitely animals, by all definitions of an animal.)

join mine - it's 55+ only
JasonZ (Virginia)
Posts: 1
Posted:
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?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Jason:

Can I ask you to please repost your question in your own thread on the forum. Reason being that you are from a different state and your state laws will vary. Also this original thread was posted in 2008 so it is a very old thread. We do not want to confuse individuals with various state laws within a single posting.

JanetB2 (Colorado)
Posts: 4,219
Posted:
BTW ... I understand the fun as my city recently passed ordinance allowing chickens ... LOL

PeterD3 (Florida)
Posts: 708
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?

Typically the membership can ammend the covenants. The requirements should be contained within your docs.

You should be able to call your city and/or county govt. to see if there are any restrictions or ordinances.
SimoneT (Florida)
Posts: 116
Posted:
Quote:
Posted By JanetB2 on 03/06/2012 10:26 PM
BTW ... I understand the fun as my city recently passed ordinance allowing chickens ... LOL


To chicken or not to chicken, that iz a question!
SimoneT (Florida)
Posts: 116
Posted:
Quote:
Posted By JanetB2 on 03/06/2012 10:25 PM
Hi Jason:

Can I ask you to please repost your question in your own thread on the forum. Reason being that you are from a different state and your state laws will vary. Also this original thread was posted in 2008 so it is a very old thread. We do not want to confuse individuals with various state laws within a single posting.


Are we supposed to start a different topic if what you are talking about is the same subject but from a different state than ORIGINAL poster? Because I did not see that on the site rules. Is there another section I need to read about how to use this site? Thank you for your reply.
FredS7 (Arizona)
Posts: 927
Posted:
> Where is the line drawn?

With chickens on the other side.

> I would say that is your documents are that vague you have to allow them...

No. If the documents are vague the BOD is in charge of interpreting them. You only HAVE to allow something that is explicitly in the CC&Rs.
PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By SimoneT on 03/07/2012 4:47 AM
Posted By JanetB2 on 03/06/2012 10:25 PM
Hi Jason:

Can I ask you to please repost your question in your own thread on the forum. Reason being that you are from a different state and your state laws will vary. Also this original thread was posted in 2008 so it is a very old thread. We do not want to confuse individuals with various state laws within a single posting.



Are we supposed to start a different topic if what you are talking about is the same subject but from a different state than ORIGINAL poster? Because I did not see that on the site rules. Is there another section I need to read about how to use this site? Thank you for your reply.

No you're fine.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You have to follow your city's or county's ordinances on the allowances of farm animals or animal controls. Chickens, ducks, or livestock may fall under non-pet rules according those laws and thus can not supercede the HOA's documents. I've lived on a farm. Chickens can be like pets to you. However, part of being in the city is that they are not considered pets but more of a nuisance. It's really in the proximity of your closest neighbor that seems to determine that...LOL..

Side note: My renter moved in a baby Emu into my back yard without my knowledge or permission. Apparently our lawncare people knew about it and had stopped mowing my back yard. I came to inspect my house and opened the gate to the back yard...A 3 FOOT high Emu came charging at me!!! So NO I kind of don't think that Emu's or some wild birds are HOA pet friendly material...LOL!

Former HOA President
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Chickens are farm animals. Check local zoning laws, it may prohibit farm animals in your area no matter what your HOA decides.

I do not recommend approving chickens in your HOA, it will lead to many, many fights. People not cleaning chicken coop enough, smell, noise, etc. Many, many headaches.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SteveM9 on 03/07/2012 7:33 AM
Chickens are farm animals. Check local zoning laws, it may prohibit farm animals in your area no matter what your HOA decides.

I do not recommend approving chickens in your HOA, it will lead to many, many fights. People not cleaning chicken coop enough, smell, noise, etc. Many, many headaches.

I agree. I can see the headaches, arguements, legal action, etc.

I say do not allow it.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By SimoneT on 03/07/2012 4:40 AM

To chicken or not to chicken, that iz a question!

LOL … Simone that definitely became the question in my city.

Hi Jason:

First of all have you checked your local government ordinances to insure they allow chickens?

My city a couple of months ago changed the pet ordinance to give homeowners the authority to have up to 6 chickens in their back yard as pets. All the arguments were such as X number of chickens can feed a family of 4 each week, fresh eggs are healthier than purchasing in the store, etc.

Now we prefer putting pet enforcement on the local authority in that if someone complains about a dog not being on a leash they can be referred to the proper local government authority … and they can even take a picture on their cell phone for evidence … LOL. With chickens being added while we have not had anyone wanting chickens pretty soon our owners will need to decide if this is something we want to take on the legal responsibility to enforce or do we allow.

LOL … one argument is if the neighbors did not want chickens in the back yards they should have had their tails parked in chairs at the city council meeting arguing against the ordinance change.

To answer your final question … Yes the CCR’s can be amended if majority of your homeowners agree and follow proper procedures. The question is how many do you believe would agree to the change?

GlenL (Ohio)
Posts: 5,491
Posted:
This might be more of a philosophical question but if it's OK for one neighbor to raise chickens is it OK for another to raise Chicken Hawks?

Studies show that 5 out of 4 people have problems with fractions
JanetB2 (Colorado)
Posts: 4,219
Posted:
LOL ... might not have to feed that chicken hawk.

BrianB (California)
Posts: 2,820
Posted:
the problem with the covenant as written (and with many) are the definitions and vagueness of the terms:

Animal. Wild. Domesticated. Common. Pet.

Animal is pretty well defined. However, the sad thing is, the best defined word in the bunch is the one the HOA's are least interested in actually enforcing.

Wild (animal) and Domesticated (animal)... semi-defined, we know that bears are wild, and dogs are domesticated. But, what about Cats? Science is somewhat heavy on the domesticated side, but there is evidence that technically, many of the breeds are not yet 'evolutionarily' domesticated. Then, toss in that Chickens and Cows ARE domesticated (per science), while Parrots and Finches are NOT. So, I can have a dog, a cow, and a chicken, but not necessarily a cat, and definitely not a parrot or finch.

Common... Common where? In the HOA? In the county? in the state? in the US? In the world? What's common in this area may be uncommon in that one. Where I live, horses are domesticated animals kept as pets. Pretty common, actually. Want a horse in your neighbor's backyard?

Pet: Good luck with this one. The best definition I have seen of a pet is "a non-human animal kept for non-commercial purposes, which is reliant upon human intervention to stay healthy", and yet, this actually still causes problems, because of the "intent" portion. I can have a chicken if I don't want/care about eggs? Roosters are okay, but chickens are commercial? If I breed my dog for puppies, that's not a pet? What about my white mice I keep for my snake?

My grandfather said "it ain't a pet if you gonna eat it later", but that's not really a good one either... I know people that have raised cattle as pets, sheep too.

And what about fish? Definitely wild, non-domesticated. But fairly common, most species. Can I have beta's in my house, because they are common, but not a shark, because it isn't?

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BrianB on 03/08/2012 9:20 AM
And what about fish? Definitely wild, non-domesticated. But fairly common, most species. Can I have beta's in my house, because they are common, but not a shark, because it isn't?

I've seen tiny sharks in fish tanks at pet stores.
BrianB (California)
Posts: 2,820
Posted:
Yes, and I have seen pigs, chickens, alligators, horses, boa constrictors, and cows for sale at pet stores too.

The question would then become, does the definition of "pet" become "Anything you can buy with money at a store."?

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