Zoning Limitations Residential zones R-1 through R-3 commonly allow backyard chickens with permits. Commercial and industrial zones prohibit livestock including chickens. HOAs can override city ordinances to ban poultry regardless of zoning.
They have every authority to force you to remove your chickens, if they violate the CC&Rs, because you agreed to live by those rules when you moved into the area. Checking with the neighbors first was just wasted effort. If you don't remove them then you're likely to be assessed fines. How big are the lots?
If you find yourself wanting chickens, while living in an HOA that does not permit them, you have two options. Either take over the HOA Board and amend the bylaws (chances are, the elections are very low turn out) or MOVE.
HOAs, however, may adopt reasonable rules, subject to applicable statutes or ordinances, regarding the ownership or pasturing of chickens, including a prohibition or restriction on ownership or pasturing of roosters.
You should consider starting with a complaint with animal control. If this does not solve the issue, the chickens are likely a legal nuisance. A demand letter from an attorney is appropriate at if animal control doesn't resolve the issue. Please visit .avvo to find dozens of attorneys in your area.
Incorporating chickens into your HOA is a board and community decision. We suggest thoroughly researching your state and local laws and what nearby associations do regarding chickens in their communities.
Definitely contact animal control no matter what, as they still might have some advice. If it's fence-in, though, your neighbors will need to keep their chickens contained and reimburse you for your destroyed crops. If the animals can be proven to be violent, that also helps your case!
Unfortunately, if they prove the dogs are aggressive, they can make you remove them from the property. If the dogs are service animals or emotional support animals, even though those are protected under the law, if they are aggressive and it can be proven they are aggressive the HOA can force you to remove them.
Provide Facts. Do your best to present home chickens in a positive light and dispel the myths and misconceptions that surround them. Cite city rules favoring residential chickens. Introduce Yourself.