Help?

[Hoover67]

Here is the situation: I live in a neighborhood....a nice one that backs up to a farm. I can look across the street behind my neighbor's house and see the cows. When we bought the house, we were given no covenant and had no idea that one existed. There is a voluntary homeowner's association to cover the up keep of the entrances. I have been told that you are not supposed to have sheds that are not bricked, must have wooden window, in certain areas of the subdivision can't have chainlink...... and can't have poultry. This is just what I have told. I have not seen a covenant so I am not sure. About 40% of the people have sheds (us included). I am not sure who would enforce these rules. I do know that the city just recently voted to allow chickens (hens only). Times are changing. With six kids (5 boys) buying farm fresh eggs at $3.00 a dozen is just cost prohibitive for us now. I decided to incubate some mutt chicken eggs from a friend. I do this every three or four years for my kids to experience the excitement of watching a hatch! Anyway, I want to keep the hens (~6 hens). I have an old tennis court with a 20 foot green net (very private) fence around it. It is now a garden as I grow a lot of our veges and fruit for the year. I plan on putting a coop and run in the garden. All of the houses here have .75 to 1 acre lots. Ours is really nice because we have backyards on three sides of our property. The chickens would be really far from any house. I doubt anyone would see them. Of course we have lots of kids who spend a LOT of time here and are loving the chickens. Anyway, here are my questions:

1. Since it is legal in the county but supposedly against the neighborhood's covenant, should I go ahead or abandon the plan to keep the chickens?
2. I am not against trying it and getting rid of them if someone throws a stink.
3. Who would enforce it? If they try to enforce the chickens it seems that they would have to enforce the no sheds policy.

Just second guessing myself! From a financial and health standpoint, I really think the chickens are important to my family (aside the fact my kids are crazy about them). I am also putting button quail in my garden aviary. What is the difference between an aviary and a coop?

Michele

 

[SewingDiva]

Quote:
1. If you really want to be sure, you should find out whose regulation prevails in your situation. The county might be able to tell you that.

2. Your call.

3. Enforcement should be spelled out in the home owners manual with respect to issues within the jurisdiction of the association. Likewise the county may have regulatioins that speak to this as well. However, don't assume that because a regulation has not been enforced in the past if won't be in the future. This is known as a "waiver" - that is just because a party decides not enforce their rights that doesn't mean they necessarily give them up.

~Phyllis

 

[Chirpy]

Hi, I'm Chirpy's husband.

Though I haven't been involved in real estate as a broker recently, the Association mentioned must have a governing Board currently sitting and hearing Association matters in order to be valid. At least in Colorado, if an Association fails to seat a Board, it ceases to exist. (This is a common occurrance in neighborhoods where standards are declining, but it is a direct reflection of the aggressiveness of community members that either do or don't wish to maintain certain rules and standards.)

In your case, I'm pretty sure there would be no adverse consequence to your actions, and you'd be notified by the Association if it WAS currently viable and wanted to pursue the matter.

I say your family is more important that this trivial matter. Go for it!

 

[MissPrissy]

Go down to the courthouse and ask for a convenant. One has to be on file for review.