With egg prices soaring amid the bird flu outbreak, keeping chickens can be a great way to save money on groceries. However, a Reddit conversation shows that those living in homeowners association communities may find that their HOAs aren't too fond of backyard chickens.
In the r/f***HOA subreddit, the original poster posed a question about HOA laws in Mesa, Arizona, regarding chickens owned for food. The OP said they had seen a conversation about a law stating that HOAs can't ban chickens if homeowners use them as a food source but wanted clarification on the matter.
"I can't remember where I saw the discussion, and I'm trying to find it for my mother in law's neighbor who just received a letter about it and is getting ready to kill his chickens to comply with the letter," they wrote a couple of years ago.
One person said: "I live in AZ also and I've never seen an HOA that allowed chickens. The only way that I could see a possible loophole would be if there was a state law that prevented [HOAs] from banning them but that doesn't appear to be the case."
They linked to several sites that confirmed their information.
"It is important to note that while municipalities may allow a limited number of domesticated chickens in residential zones, it is well-established that an HOA's governing documents may be more restrictive than local ordinances," Tinnelly Law Group explained. "So, if the county or city allows chickens, but the more restrictive governing documents do not, the governing documents control."
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Another user offered solid advice on how the neighbor could handle the situation. "Unfortunately, the HOA can honestly enforce any rules it [deems] 'beneficial' to the community, no matter how asinine it is. Best way is to vote the board out and inflict change within," they wrote.
Another course of action the neighbor could take is to work with their HOA board to change the established rules. While HOAs are notorious for blocking homeowners' eco-friendly initiatives, such as installing solar panels or native gardens, there are plenty of cases wherein people fought back against restrictive policies and won.
For example, one Maryland couple was allowed to keep their rewilded yard after calling on lawyers and state representatives for help. The case led to a landmark ruling that prevents HOAs from banning native plant lawns.
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As for the homeowner with chickens, there was likely no immediate solution other than talking to the HOA board or selling the animals.
"Yes, Maricopa and Mesa allow chickens. Local laws allow up to 10 chickens for a single family home. But no, no chickens if the HOA doesn't allow them," one commenter shared.
"You're going to need someone familiar with the law in that jurisdiction. If their chickens are important, they should just go talk to an attorney," another advised.
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