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Discussion Starter · #1 ·
HOA president informed me I can't keep my laying hens. I'm gearing up to go door to door and ask the neighbors to vote "yes" on an amendment to change the CC&R.

Here's what mason county says in regards to neighborhood/residential areas:

a.
On lots or parcels of one acre or more, poultry and/or livestock may be kept provided that the number of head of livestock shall not exceed one for each half acre of lot area, and not more than twenty birds or fowl per acre. Barns or other structures for the housing or sheltering thereof shall be set back not less than thirty-five feet from all property lines and not less than fifty feet from any existing residential dwelling unit on adjoining property;
 

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If your set up follows what your city has set up I would also go to your city for help in changing the HOA views. Good luck.
 

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Discussion Starter · #3 ·
Off to a great start! I started talking with my neighbors today. I talked with 17 neighbors and every one of them voted "yes" on chickens! I have 18 votes including mine and I need 43 to change the CC&R. I have 33 more neighbors to talk with before I'm done but I only need 25 more votes and I'm feeling good about it! Even the HOA president said yes.

:)
 

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rena88651 said:
Off to a great start! I started talking with my neighbors today. I talked with 17 neighbors and every one of them voted "yes" on chickens! I have 18 votes including mine and I need 43 to change the CC&R. I have 33 more neighbors to talk with before I'm done but I only need 25 more votes and I'm feeling good about it! Even the HOA president said yes.

:)
Hope you win, good luck!! :D
 

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Discussion Starter · #6 ·
Well, HOA president lives next door to me. It's likely he heard my girls one morning.

He didn't initially say yes either. I talked with him for about 45 mins before he changed his tune.
 

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First mistake, belonging to a HOA.
Second mistake, bringing chickens into a HOA.

If 'ammendments' can be changed (repealed) with a simple vote, be really nice to everyone, forever. If you tick one person off, your ammendment might get repealed....... Just sayin'

Good luck, but I liken this to people who move to 'the country' and then complain about farmers making dust, and the smell that cow poop makes, you know the mantra.
 

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Discussion Starter · #8 ·
If the amendment is passed it will have to go to the county recorder to be updated. I doubt one mad person would cause the whole thing to be repealed.

We actually live in a very rural area. It's a two stop light kind of town. I do agree that moving into an HOA was a bad choice. Although we pay next to nothing....$50 annual dues....it's still an annoyance at times.

So far my neighbors have been incredibly receptive. Not a single "no" vote yet. Sounds like you've had some bad history with an HOA. Sorry you're experience hasn't been good.
 

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If the amendment is passed it will have to go to the county recorder to be updated. I doubt one mad person would cause the whole thing to be repealed.

We actually live in a very rural area. It's a two stop light kind of town. I do agree that moving into an HOA was a bad choice. Although we pay next to nothing....$50 annual dues....it's still an annoyance at times.

So far my neighbors have been incredibly receptive. Not a single "no" vote yet. Sounds like you've had some bad history with an HOA. Sorry you're experience hasn't been good.
Congrats, then!

Never had an issue with a HOA, never lived in one. Have friends that did (note the word did ;) ). The 'head' of the HOA was real pushy, and some of the rules very stupid. Right down to the color and type of flowers you could plant :eek:
 

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Check your local laws!

HOA's CC&R's are usually superceeded by Local and State Laws. Basically what that means is that they cannot pass a CC&R'S or have one that is in clear violation of the laws or zoning. But, check with you local Bar Association! If this is the case, your fight is over and so is the bullying!

We have an HOA and on varying occasions have had some real high handed Presidents. Also, how long can the President serve, now how long has this President been in place? See where I am going with this? The Devil is in the details! And so may your remedy!
 

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Discussion Starter · #12 ·
I'm picking up what you're putting down and I'm liking it!

He's been president for 8+ years. No one else wants to do it.
 

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Well, HOA president lives next door to me. It's likely he heard my girls one morning.

He didn't initially say yes either. I talked with him for about 45 mins before he changed his tune.
People have the tendency to say one thing face-to-face and something entirely differently in private...
 

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Fighting the HOA

So, do you have an acre (or more) of land? If not, you may wish to get clarification regarding property of less than an acre. After all, what you wrote does not address a property of less than one acre,if that is what you have. I would be asking that question to the County before I went to the neighbors. If you do have 1 acre or more, then don't have over 20 chickens! I would line my facts ( or chickens) in a row with the legal entities before I would escalate this fight. After all, if the law or County is on your side, the CC&R'S cannot violate the law or your property rights according to the law. At least that is how it works in WA.

What ever happened to the "quiet enjoyment" right of property ownership? With the advent of HOA's and smaller properties, people have lost their rights of ownership! Some hoa's have also exceeded their authorities or really push it!

Of course, I am not a lawyer, so anything I may suggest is just my idea and is not based in any law in your area.
 

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If this fails, you can raise meat rabbits. They are quiet, provide better feed conversion and are more prolific in their production of offspring. They take up minimal space and no one would ever know you have them. Butcher in the garage. ;)
 

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If the amendment is passed it will have to go to the county recorder to be updated. I doubt one mad person would cause the whole thing to be repealed.

We actually live in a very rural area. It's a two stop light kind of town. I do agree that moving into an HOA was a bad choice. Although we pay next to nothing....$50 annual dues....it's still an annoyance at times.

So far my neighbors have been incredibly receptive. Not a single "no" vote yet. Sounds like you've had some bad history with an HOA. Sorry you're experience hasn't been good.
i myself don't see that a HOA does anything for you at all
after all if there is a problem you can always go to the city/county/town
then it's their job to fix the problem.

however a HOA can do things "to" you
just saying

hope it all works out for you

piglett
 

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I never have.... and never would..... buy a property that was part of a Homeowner's Association.
I don't believe that "Other People" should be telling ME how to use MY PROPERTY.
Yep. The neighbors can stay-at-home and fly their OWN kites !
-ReTIRED- :)
 

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A Quick STORY:
When I lived in Colorado....a policeman came to my door....and he told me that the City had recently passed an Ordinance which stated that ALL vehicles on a property MUST have current Registration and License....or must be removed.
I had 2 pickups, 2 trailers ( a camper and a flatbed ), 3 cars, 1 Motorhome, and a Military Jeep.
2 cars, 1 pickup, and the flatbed trailer, and the Motorhome had current licenses. The others did not.
I told the policeman to consult with the City Attorney and he would learn that the Ordinance did NOT APPLY TO ME.....
because.....I was there BEFORE the Ordinance.....which made the Ordinance ( as it applied to me ) an Ex-Post Facto Law. ( which is illegal).
The Policeman called me back about an hour later....saying that he DID check with the City Attorney....and that I was correct.
I was never bothered about THAT again !!!
-ReTIRED-:)
 

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ReTIRED said:
A Quick STORY:
When I lived in Colorado....a policeman came to my door....and he told me that the City had recently passed an Ordinance which stated that ALL vehicles on a property MUST have current Registration and License....or must be removed.
I had 2 pickups, 2 trailers ( a camper and a flatbed ), 3 cars, 1 Motorhome, and a Military Jeep.
2 cars, 1 pickup, and the flatbed trailer, and the Motorhome had current licenses. The others did not.
I told the policeman to consult with the City Attorney and he would learn that the Ordinance did NOT APPLY TO ME.....
because.....I was there BEFORE the Ordinance.....which made the Ordinance ( as it applied to me ) an Ex-Post Facto Law. ( which is illegal).
The Policeman called me back about an hour later....saying that he DID check with the City Attorney....and that I was correct.
I was never bothered about THAT again !!!
-ReTIRED-:)
Sounds like Boulder!
 
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