HOA requires us to raise our house instead of coop in the backyard

[Jason2010]

Is this reasonable?

We have five hens fir therapy purpose recommended by our pediatrician, the chickens are quiet, made reasonable noises during daytime and very quiet during nighttime. However, my neighbor twisted the truth by claiming our chickens are very noisy, and asked HOA to intervene.

We responded to HOA and provided letters from both pediatrician and psychologist. But HOA insisted that even the disabled needs ‘a reasonable accomodation’, we still violated the HOA policy while HOA allows birds (and we all know chicken belongs to ‘bird’). They further asked us to raise chickens only inside our house! Is this reasonable?

Thanks.

 

[rosemarythyme]

Chickens count as poultry or livestock as far as zoning, not "birds" (which would be something like canaries, parakeets, finches).

Unfortunately HOAs are absolute hell to deal with especially when it comes to animals. And it doesn't even make sense why they would say "no chickens" and then add "but chickens are ok inside a house." I guess they're trying to accommodate you by using the rules that would allow you to keep pet birds (which means they're inside the house). What do your HOA rules say about pet birds, if anything?

I know some people do keep house chickens but there's a lot of sanitary considerations. Chickens create a large amount of dander and poop of course, and frankly they're happier outside, scratching around and wrecking your backyard.

 

[IdyllwildAcres]

Thats disgusting, chickens do NOT belong in the house.
Tell them that will not work out and offer them a compromise. "We will sound proof the coop and only allow them out of coop between the hours of X and Y"
Tell them this is your final word on the matter and any further attempts by the HOA to interfere will result in a lawsuit for not complying with the Americans with disabilities act.

Good luck

Gary

Edited to ad: Do you have a garage they could go in with a pop door to back yard during certain hours?

 

[nminusyplusm]

Just tossing out ideas... is it possible to build a permitted enclosed patio coop attached to your house? With removable/operable windows? One that looks very much a part of your house architecturally?

 

[N F C]

From reading what other members here on BYC have had to go through with HOA's, you're in for a real fight if you don't follow the HOA rules. If I were in your place, I'd go talk to an attorney to see what your rights are, if any.

Buying a home in an HOA opens the homeowner up to someone else controlling what the homeowner can do with their own property.

 

[Folly's place]

This is why we live in farm country, on a small farm. No HOA ever!!! Mary

 

[lazy gardener]

Does your HOA allow dogs? If so, what are HOA rules re: dogs being allowed outside and them possibly barking during the day? I would approach it from this angle. If HOA allows dogs, then they should allow chickens as long as their housing meets standard size recommendations for coop and run, the coop/run blend into the architecture of the neighborhood (is not a "eye sore" by neighborhood standards). Much can be done to decrease noise level, including soundproofing the coop and not letting birds out until a reasonable hour. Even planting shrubbery around the run will decrease the travel of sound.

Even though the ADA demands reasonable accommodations, this does not give free license to disobey HOA rules that were in place before you purchased the property. Seek advice from an attorney who is well versed with ADA rules.

Agreed, chickens are outdoor animals, and keeping them in the house would be less than humane to the humans and the birds involved. (I've just ignited a war.)

 

[azygous]

Here's an azygous parable. (True story)

Decades and decades ago, maybe four or five since I'm that old, I got myself a baby goat named Mildred. I lived in a residential neighborhood. Mildred woke up at 5 am every single morning and screamed for her bottle. I was out of bed, grabbed the bottle, and had it plugged into her mouth before she got out more than two or three cries. (ma-ma-maaaaa!)

The next door neighbor, on day two, let it be known to the entire neighborhood he was very unhappy about the "herd of goats" that had moved in and would destroy the character and peace of the neighborhood.

As soon as I got wind of this, I grabbed Mildred, who was the size of a miniature poodle, and we went straight over to this grump's house and knocked politely on his door. I introduced myself and then showed him the "herd of goats" I held in my arms.

He couldn't resist the little kid with her long basset hound ears, and I swore to him that Mildred was the sum total of the "herd of goats" he was so concerned about, and I assured him that she was very quiet as long as she had something stuck in her mouth. Problem solved.

People are far less likely to be against something that they have actually met up close and personal. I suggest you figure out a way of changing the complaining neighbor's mind instead of wrangling with the impersonal HOA. Recruit the neighbor and get the HOA to back off.

 

[Kathy Golla]

You don't say specifically if the HOA cc&rs specifically prohibit backyard poultry. If they did it's prohibited no matter what.

If they didn't you may have some recourse.

I'd probably see if I could retain an attorney specializing in HOAs.

At any rate the people I know that have been most successful have spent the money on an attorney specializing in HOAs.