Then Vidia’s dad built a nice coop for them and fenced the yard so they could run around freely.
Pow! That newfound freedom led to the neighbor complaint and now an order from the HOA to evict the chickens.
“We didn’t realize we were breaking the covenants,” said Maya Hurdowar, mother of Vidia. “City regulations say you can have chickens. We didn’t know it was against HOA rules. We wrote them. But they said they are allowed to be stricter than the city law.
“We wrote them and asked them for a variance, for my daughter’s sake. These are her pets.”
The variance was not granted. On a 2-1 vote, the HOA board voted to enforce the covenants.
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It's easier to get a variance from a municipality than an HOA as these HOA inmates discovered with their domestic poultry. That's because HOA boards see CC&Rs as set in stone giving them no flexibility. That lack of accommodation often leads to frivolous litigation that wastes money and judicial resources.
3 comments:
Sounds like something from Andrew Wahlquist's "The Association"
http://www.youtube.com/watch?v=Wl3qWbHetB4
“The problem is, the covenants are very definite,” Hauptman said, expressing sympathy for Vidia and her chickens. “They clearly state no farm animals.”
Apparently Hauptman is a supporter of blind obedience to "rules". Perhaps these folks should familiarize themselves with the Perils of Obedience.
As for "farm animals", aren't dogs and cats "farm animals"? Are people "farm animals"? They are certainly animals and they can be found at farms. Generally, however, "farm animals" is a rather nebulous term and unless the restrictive covenant is clearer than "farm animal" I would think even the blind obedience to rules types would have to admit that they are little more than just "no" types in view of a restrictive covenant as vague as "farm animal".
“The problem is, the covenants are very definite,” Hauptman said, expressing sympathy for Vidia and her chickens. “They clearly state no farm animals.”
Apparently Hauptman is a supporter of blind obedience to "rules". Perhaps these folks should familiarize themselves with the Perils of Obedience.
As for "farm animals", aren't dogs and cats "farm animals"? Are people "farm animals"? They are certainly animals and they can be found at farms. Generally, however, "farm animals" is a rather nebulous term and unless the restrictive covenant is clearer than "farm animal" I would think even the blind obedience to rules types would have to admit that they are little more than just "no" types in view of a restrictive covenant as vague as "farm animal".
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