How to Change Restrictive Covenants (Asheville: HOA, attorney, homes)
Western North CarolinaThe Mountain Region including Asheville
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I presently live in a great place that has restrictive covenants that do not allow backyard chickens. I would like to do the right thing and have them changed so i can within reason have some hens. There is nothing written in the covenant about how to change it. It expires in 3 years. I guess I will have to run for President of my association so I will have a little pull....lol. Any advice on how I would change them or amend them?
I presently live in a great place that has restrictive covenants that do not allow backyard chickens. I would like to do the right thing and have them changed so i can within reason have some hens. There is nothing written in the covenant about how to change it. It expires in 3 years. I guess I will have to run for President of my association so I will have a little pull....lol. Any advice on how I would change them or amend them?
This is a legal question and should be answered by an attorney in your county.
I presently live in a great place that has restrictive covenants that do not allow backyard chickens. I would like to do the right thing and have them changed so i can within reason have some hens. There is nothing written in the covenant about how to change it. It expires in 3 years. I guess I will have to run for President of my association so I will have a little pull....lol. Any advice on how I would change them or amend them?
If you want to do the right thing, you don't get any darn chickens. You knew the rules going in. Rules are good, they let you know where you stand. They give you protection from people that would like to abuse things. This is America. You have the freedom to live anywhere you wish. Since you chose the place where you now reside....and they don't allow chickens...don't get no dang chickens.
If you want to do the right thing, you don't get any darn chickens. You knew the rules going in. Rules are good, they let you know where you stand. They give you protection from people that would like to abuse things. This is America. You have the freedom to live anywhere you wish. Since you chose the place where you now reside....and they don't allow chickens...don't get no dang chickens.
Yea, I thought the same. OP, what if one of your neighors wanted pigs, or cows how would you feel about that in your front yard when you go to sell?
Last edited by Above Average Bear; 06-13-2014 at 09:22 PM..
What is with this new fad about owning chickens? Chickens are messy. They crap everywhere and shed. They tear the heck out of your lawn and they are very, very noisy. There is a reason that HOA's specifically say no chickens or other farm animals. There has been a huge rise in chickens that are left at the shelter or abandoned. People get them thinking it will be fun and they can get some fresh eggs. Then all they realize the mess and the noise and they dump the poor creatures. Get over it. Go to the farmers market to buy fresh eggs from a real farmer or move out to the country.
Normally an HOA will have procedures in the by-laws for changing things. However, it is usually very difficult such as requiring a 2/3 vote by all property owners. You should read through your by-laws before you attempt to change them.
I presently live in a great place that has restrictive covenants that do not allow backyard chickens. I would like to do the right thing and have them changed so i can within reason have some hens. There is nothing written in the covenant about how to change it. It expires in 3 years. I guess I will have to run for President of my association so I will have a little pull....lol. Any advice on how I would change them or amend them?
You won't have any "pull" wanting to keep farm animals and have the restrictive covenants changed to suit yourself. I was trying to be kind suggesting you consult with an attorney.
You need an attorney to tell you right up front that you need to obey the rules that you signed up for or move somewhere else. Obviously you don't want advice, you need a wake up call. Try bringing up your request at the next HOA meeting, and have the moving truck ready to "pull" outta' there.
There's probably something in your docs about the impact of a 2/3 vote or 75% vote or 51% vote for anything. Even if it doesn't mention bylaws in particular you might extrapolate.
Not sure, but I believe it's unusual for the board to carry the deciding votes on bylaw changes. I believe it's generally a vote by all residents that is needed...whether by proxy or signing where an influential person points to or actually attending meetings and actually voting in person.
Are chickens allowed in your county at private homes? That would be the first thing. However, HOA bylaws and covenants do override something like this.
Are chickens allowed in your county at private homes? That would be the first thing. However, HOA bylaws and covenants do override something like this.
I can't imagine a county in WNC where chickens are not allowed. City ordinances can be different; but are not always. One can keep chickens within Blk Mtn city limits, and possibly Asheville, too.
What is with this new fad about owning chickens? Chickens are messy. They crap everywhere and shed. They tear the heck out of your lawn and they are very, very noisy. There is a reason that HOA's specifically say no chickens or other farm animals. There has been a huge rise in chickens that are left at the shelter or abandoned. People get them thinking it will be fun and they can get some fresh eggs. Then all they realize the mess and the noise and they dump the poor creatures. Get over it. Go to the farmers market to buy fresh eggs from a real farmer or move out to the country.
Some people just like to take care of animals. It can be a very nurturing, rewarding experience.
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