The county says I'm allowed to have a horse, but the HOA'S say I can't?

[Cowgrlup]

We called the county, gave them our address and they told us that we can have up to 2 horses on my property. We went to the Homeowners (which I think someone in the community made up) and they told us that we CAN NOT get a horse. They told us they could put a lean on our house. We are one of two houses that have HOA, however been here 3 years and never once have had to pay a homeowners fee. Can I get a horse or can I not

?!?!?!?! Thanks

 

[ozarkmomma]

Ask for copies of the laws and restrictions.

 

[res]

Did you purchase the house or are you renting? If you purchased, and there is an *active* HOA, then there will be a document in your mortgage papers that was presented/signed at closing. Not all HOA's require yearly fees. You could call your title company to discuss papers that were signed (or your real estate agent if you didn't use a title company).

The thing with lots of rural HOA's is that they are allowed to expire or die-out, but some residents still try to enforce them. I don't know the specifics, but it requires a certain number of meetings in a certain number of years to keep the HOA active, or it expires. It can only be retro-activated with a 100% vote. At least that is how it worked where we lived in Moore, OK from 2003-2012.

But, yes, a HOA CAN supercede the county/city laws in some areas. Such as the way you keep your yard, the color of your house, what animals/livestock you can have, etc....

 

[horsedirt]

I`m A Realtor, horseperson and sold lots of Farms in Deed Restricted Communities. They can be a real Pain especially if someone that lives in one gets really bored,lonely and feels unimportant in the world...
If you can afford a Real Estate Attorney, please contact one. I`m in Florida and not sure how it works everywhere else but, here`s some things you can check.
Look up the name of your community on your county`s Clerk of Courts website ( or go to the courthouse if not online). If there are Deed Restrictions, they should be recorded. There you can review them. Depending on how old the community is, you may get lucky and find that they are expired ( that happens a lot). When you bought that house, your Realtor should have given you the Deed Restrictions for your review and approval. ( In Florida, it`s the law)
An HOA can put a lien on your property if you do not follow the laws. But it`s weird that there is no HOA? Who is enforcing this? You really need an attorney.

 

[droidlizard]

If they put a lien on your property here and don't sue you for damages of some sort in time(pretty sure iits still 30 days here)then you can sue them for clouding of title. Liens are to protect their financial interest in property you may own. If you are not going to selll I wouldn't get all excited about a lien. As has already been mentioned, there will be a paper you must have signed. A CONTRACT! If you want to have some fun, I would borrow a horse and keep it for a few days just to see what happens. Put a no trespassing sign up and a camera too. If your right then MAKE THEM respect you. Id check the deed out though first. Also as has been mentioned you will find any covenants listed there. They can file a lien for horses but trespassing is a criminal offense for which charges can be filed in most of America. Animal control won't take the horse either cause it is on private property, no crime is being committed as a result of it being there, and if the animal is not in any jeopardy they will tell your winey neighbor to sue you in court or tell the neighborhood association to sue you. Fight for your rights or you don't deserve them. Just my opinion.

 

[RJSchaefer]

As others said, check your mortgage documents. HOAs have to be disclosed at signing.

You could also be dealing with a rural covenant, which is only moderately enforceable (at least in rural Illinois). My parents were subject to one that was created in the 60s. NO ONE in the neighborhood had any interest in it, except for one busy body. Several people simply ignored it, the busy body tried to enforce it, and the county could not have cared less.