Raising chickens has become increasingly popular because they can produce fresh eggs for the family. Moreover, they can even help homeowners with a bit of pest control. However, raising chickens in HOAs is a contentious topic in planned communities as they are dirty, noisy, and may attract predators.
Are Chickens in HOAs Allowed?
Backyard chickens are becoming increasingly common around the nation. They provide many benefits as they serve as a good source of fresh eggs. Many local municipalities have also legalized raising backyard chickens in residential areas. Nonetheless, this does not mean chickens are universally allowed — especially when we’re talking about raising chickens in HOAs.
Governing Documents
Can you have chickens in HOA communities? Moreover, can HOA ban chickens even if they’re allowed by local regulations? The answer is yes, an HOA can generally ban chickens in a neighborhood. HOAs usually have strict rules governing what homeowners can and cannot do with or on their property. This allows them to maintain property values and preserve the community’s peaceful living environment.
Everyone in the community is bound by the provisions of the governing documents. Hence, if the governing documents say backyard chickens in HOA communities are prohibited, then both the board members and homeowners must comply. The HOA board has the right to ask the residents to remove the chickens from their properties. Keep in mind that this also applies if the governing documents use the term “poultry” or “livestock.”
Additionally, some HOAs may ban chickens through the nuisance clause in the governing documents. While the rules may not explicitly refer to poultry, the noise and waste they produce can arguably constitute a nuisance in the neighborhood.
Reasonable Accommodations
Even if chickens are prohibited by the community rules, HOA boards must make exceptions for emotional support animals. This is because emotional support animals are protected under the Fair Housing Act, which requires HOAs to make reasonable accommodations for persons with disabilities. In this case, the board must allow the chickens to remain even if they are not trained to perform tasks or do work.
Common HOA Chicken Rules
In some cases, the board of directors will allow chickens in HOAs. However, it’s best to implement a few rules to keep the chickens in check. Consider keeping the following in mind should you choose to allow livestock in the community.
1. Consider Quiet Chickens
Homeowners associations are usually concerned by the noise chickens produce in the community. To prevent disturbing other neighbors, consider limiting the type of chickens allowed in the HOA. There are quieter breeds such as the Wyandotte, the Orpington chicken, and the Rhode Island red hens. In addition, it may be best to ban roosters altogether because they are particularly noisy.
2. Limit the Number of Chickens
HOAs are free to limit the number of chickens per residence just like they limit the number of pets. Doing this will prevent overcrowding and reduce the noise and smell. Make sure to choose a number that’s reasonable for the homeowners and that follows local ordinances. It’s also best to consider the size of the separate interests in the community.
3. Regulate the Design of Coops
Just like the residents’ homes, homeowners associations should regulate the design of chicken coops. This will help maintain the community’s overall aesthetic appeal and preserve property values. Consider having homeowners fill out an architectural application and submit their designs before building chicken coops.
4. Emphasize Homeowner Responsibility
Homeowners should be responsible for their backyard chickens. Make sure to address common issues involving waste management, waste disposal, and whether chickens are allowed to roam backyards or common areas. In addition, consider adding rules should you ever allow chickens to roam. The homeowners must supervise their livestock at all times to avoid disruptions and nuisances.
If the HOA allows fences, the board can also consider installing a perimeter fence to prevent the hens from roaming around. Chickens are also able to fly brief distances so make sure to regulate the fence heights as well.
How to Fight HOA for Chickens
If you’re a homeowner who wants to raise poultry in your backyard, you may face a lot of obstacles before you can convince your HOA. What should you do to fight for your livestock? Here’s how to keep chickens in an HOA.
1. Understand the Rules
The first thing to do is to familiarize yourself with the HOA’s rules. Review the governing documents and see what they say about livestock and pets. If the governing documents are vague or silent about chickens, you may argue to keep the chickens as pets. On the other hand, if they have a nuisance clause, you may try to convince your board to implement rules allowing only quiet chickens.
Apart from these, reviewing the HOA’s architectural guidelines is equally important. After all, chickens will need a chicken coop — which could be why the board is apprehensive. Consider checking out neighboring HOAs and seeing how they’ve implemented rules around chicken coops. Afterward, you can appeal to the board by proposing how they can regulate coops to preserve the community’s aesthetics.
2. Gather Support
Ask around the neighborhood to see how others feel about backyard chickens. It’s harder to fight for chickens alone. Gathering support and raising interest will strengthen your argument, allowing you to appeal to the board more easily. You may even start a petition to address the issue.
3. Study Up on Chickens
Chickens come in various breeds and sizes. It’s crucial to review how they behave and what you can do to address the board’s questions and concerns. For example, they may be apprehensive because chickens are known to be noisy. In that case, propose a rule prohibiting roosters and allowing only quiet chickens. If the board has reservations about waste and smell, address these issues as well.
4. Stay Flexible
HOAs are understandably on the fence about backyard chickens. Hence, it’s best to be flexible about your expectations. If the board allows a limit of two hens then that’s good enough to start with. Over time, you may be able to convince the board to add more to the limit if you take care of the coop well.
A Difficult Choice
Homeowners associations can typically regulate chickens in HOAs. The decision whether to allow them or not is ultimately up to the board. It’s best to consider the community’s rules, the implications of having chickens, and what the residents want. Different HOAs may come to different conclusions but it’s important they decide based on their community’s needs.
Elite Management Services offers exceptional HOA management to communities in Ohio, Kentucky, Indiana, and West Virginia. Call us today at (855) 238-8488 or contact us online to request a proposal!
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