# Getting Ready to fight the HOA.



## rena88651

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;


----------



## Apyl

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.


----------



## rena88651

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.


----------



## Reinerchick

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!!


----------



## Apyl

Since the president says yes, then who turned you into the HOA and compained ?


----------



## rena88651

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.


----------



## Riverdale

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If 'ammendments' can be changed (repealed) with a simple vote, be *really* nice to everyone, forever. If you tick *one* person off, your ammendment might get repealed.......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


----------



## rena88651

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.


----------



## Dyanne05

Lovin my country air. Good luck hope everything goes well for ya!


----------



## Riverdale

rena88651 said:


> 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


----------



## ypease

*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!


----------



## rena88651

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.


----------



## TheLazyL

rena88651 said:


> 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...


----------



## ypease

*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.


----------



## power

What can they do if you just tell them to go fly a kite?
They can't come on your property and take the chickens.


----------



## Bee

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.


----------



## piglett

rena88651 said:


> 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


----------



## ReTIRED

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-


----------



## ReTIRED

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-


----------



## puppidoodle

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!


----------



## fuzziebutt

A really stupid question here: What happens if you don't pay dues? Do they kick you out of the HOA? They can't make you move, and you can't be made to follow the rules of someone else's playground... just the laws of the county.


----------



## rena88651

I've heard of many cases where a lien is placed on your property for delinquent dues.


----------



## hennypenny68

Yup it's true I had a neighbour who fell behind on dues and the strata put a lean on there house.


----------



## Bee

I've often wondered why in the world anyone would buy property ruled by an HOA...that's like not owning your home at all. It's paramount to communism!


----------



## piglett

Bee said:


> I've often wondered why in the world anyone would buy property ruled by an HOA...that's like not owning your home at all. It's paramount to communism!


correct Bee, might as well rent from the Mob


----------



## hennypenny68

We're we are they have made it hard to find property with out it when you buy new it's the CRDs way of letting someone else regulate what you can and cannot to with your yard. The strata fees here are only 30.00 a month and that pays to maintain the road we own privately there are 20 home on our road and that's all we pay.


----------



## fuzziebutt

hennypenny68 said:


> We're we are they have made it hard to find property with out it when you buy new it's the CRDs way of letting someone else regulate what you can and cannot to with your yard. The strata fees here are only 30.00 a month and that pays to maintain the road we own privately there are 20 home on our road and that's all we pay.


You have to pay to maintain your road? Do you live in America and pay taxes too?


----------



## ypease

*HOA dues*

Check your local laws. However, it will show on your credit report ( most unfortunate ) and they can spend the $ to place a lean on the property. That will show as a judgement against you on your credit report and your mortgage holder can force the issue as it may be part of the terms and conditions of your mortgage. It can get very unfortunate for you.

I used to be the President of my HOA. It always tried to work with folks before ever going there.


----------



## ypease

I live in WA state. HOA CC&R's cannot superceeded state, county or City laws. Check the laws in your area. This may be a moot point. I just love some of the stuff people try to pull on HOA's. I am the past President of mine and always sang the mantra of "before you complained, get to know and talk to your neighbors." After all, to enforce the CC&R's is quite another thing for these folks on the board! Believe me I know! But, then again, I never tried to force them.


----------



## hennypenny68

No if someone doesn't pay and falls behind it only affects them and only them I live in B.C Canada were considering on selling next year and never ever buying in strata again let me tell yah. There are some strata laws in apartments and condos were u can't even put a door Matt out or a welcome sign without permission it's brutal control control control it gets worse every year. Before you know it they will control the air we breath.


----------



## Bee

It sounds so scary! I could go out in my front yard and pee in the middle of the day and no one the wiser. Even if the neighbor did see me they would just give me a weird look and drive right on by. Y'all need to load up the truck and move to the hills...


----------



## hennypenny68

That's the sad part we are up in the hills it's just there's no we're to hide any more lol. All these big rich people come in buy the land subdivide it put in a strata and sell the lost its become a big thing here now


----------



## rena88651

Huge update!

I did it! With the help of very supportive neighbors I have passed my petition to change our HOA CC&R rules to allow chickens in my neighborhood. I needed a 75% majority vote and got the last signature needed tonight. It took several months and I got chewed out by a couple of charmers but it was worth it! 

My chickens stay!!


----------



## havasu

Congrats. I just read that one local city near Los Angeles repealed their chicken ordnance as well.


----------



## nj2wv

Congratulations ! I even think a rooster ban is silly too. My roosters hardly ever crow. The dog barks more !


----------



## MamaHen

Congrats! So happy your hard work paid off! A nearby city just lifted their ban on backyard chickens here. (We're moving and very aware of what cities allow chicken or not). So happy to see the progress! I wish I could move to the hills...someday someday!!!!


----------



## Itsacutefuzzball

Wow! Your work paid off! Congrats! I bet the chickens are happy too!


----------



## rich

rena88651 said:


> Huge update!
> 
> I did it! With the help of very supportive neighbors I have passed my petition to change our HOA CC&R rules to allow chickens in my neighborhood. I needed a 75% majority vote and got the last signature needed tonight. It took several months and I got chewed out by a couple of charmers but it was worth it!
> 
> My chickens stay!!


We all unfortunatly have charmers that are just so unhappy with their own lives they can't help themselves from trying to draw us in. Kill them with kindness. Back in the 60 a cop gave a hippy a ticket. His responce was ( Thank you officer, I love you! ) LOL


----------



## Barredrockmom

I had a friend that when purchasing property back in the boonies made sure to ask if it was a HOA. The realtor and the seller said it does not. She found out after the purchase that they all lied and yes it was a HOA. They were over at her house when she moved in to give her a list of all the laws. She went inside and pulled out her shot gun and walked back over to the women as asked are you sure you want to stay on my property one minute longer? The ladies left but they mailed it to her. She was so mad and tried to get the HOA lifted legally but the county said no. Now my friend is locked into HOA or yes, they can put a lien on her property. If the back dues are not paid, the HOA can take your home and sell it. Go figure.


----------



## piglett

Barredrockmom said:


> I had a friend that when purchasing property back in the boonies made sure to ask if it was a HOA. The realtor and the seller said it does not. She found out after the purchase that they all lied and yes it was a HOA. They were over at her house when she moved in to give her a list of all the laws. She went inside and pulled out her shot gun and walked back over to the women as asked are you sure you want to stay on my property one minute longer? The ladies left but they mailed it to her. She was so mad and tried to get the HOA lifted legally but the county said no. Now my friend is locked into HOA or yes, they can put a lien on her property. If the back dues are not paid, the HOA can take your home and sell it. Go figure.


the seller lied, sounds like a court matter to me. either that or buy 5 gallons of gas & a book of matches


----------



## Barredrockmom

I love the fact that more people are raising chickens for eggs. For every yard that has chickens I see one less customer for chemical fertilizers and pesticides. I bet Monsanto is having a cow right now. LOL


----------

