Sub division covenants

Discussion in 'Off Topic' started by bobo and horses, May 18, 2017.

  1. bobo and horses

    bobo and horses Senior Member

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    I certainly agree with the rooster thing, but I just hit my funny bone. I don't think I would be happy, either, as I said this is a very upscale neighborhood, with large houses. Not like my cozy, countrystyle house.
     
  2. bsaz

    bsaz Senior Member

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    "Nevertheless, assuming the original CC&Rs were recorded with the county recorder, they may still apply. Often these older CC&Rs contain restrictions on building setbacks, pets & animals, land uses and many others. Because recorded CC&Rs are a contract, any homeowner may enforce the terms of that contract against another homeowner. So if there is no functioning HOA, it may still be possible for any homeowner in the community to enforce the restrictions in court."​

    No HOA? Restrictions May Still Apply | The Bainbridge Law Firm, L.L.C. | Scottsdale Arizona

    "Homebuyers and homeowners often ask, if there’s no HOA, does that mean owners and residents don’t need to comply with the CC&Rs?

    Well, not exactly. Legal experts regard CC&Rs as a contract that attaches to real estate, obligating current and future owners to abide by its terms. Technically, that means any one of your neighbors bound by the same CC&Rs can sue you if they believe you have violated the terms of that contract."​

    CC&Rs can be onerous, with or without an HOA

    "Even if the CC&Rs have a provision preventing the right of private action, like a lawsuit, a court will likely find that since there is no other remedy available until the new HOA is reinstated, you will be allowed to get a court order that makes the tenants move their vehicles.

    The order is called an “injunction.” With an injunction in hand, the police can enforce its provisions."​

    Homeowner’s association has no board to enforce CC&Rs
     
    D_BaldStockings likes this.
  3. paval

    paval Senior Member

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    In our township, which has farms (although numbers are dwindling due to being sold off for subdivision) and single family residences and commercial businesses ... if one wanted to report such a violation, we would call the zoning officer.
     
  4. Alsosusieq2

    Alsosusieq2 Senior Member

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    I'd stay out of it, any way I could. I understand neighbors not liking the chickens, especially the rooster. Maybe they can get rid of the rooster or contain him somehow. I don't know if chickens fall into the livestock definition. I've never dealt with it. Good luck.;)
     
  5. equinitis

    equinitis Senior Member

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    The war of the CLs!
    Chickens have become the newest fad animal and are being kept in all sorts of unchickenlike places. They have discovered whole chicken communities in apartments and subdivisions all over the US!
    I am a die hard CL. I even like the roosters and, if I had neighbors, would not care if they had a rooster. I don't have any neighbors though, with good reason because I would not like to hear their music, their vehicles or their kids really. It seems they always have cats that poo in my flowers, dogs that bark all night and kids that don't respect anything or anyone. I'll take a noisy rooster that goes to bed at a reasonable hour over any of that in a heartbeat!
     
    Whoa, bobo and horses and Tige Ress like this.
  6. paval

    paval Senior Member

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    Hubby had the bright idea that he wanted some chickens and roosters on the farm a few years back. I made him rehome them after about a year. Roosters were roosting in the rafters of the horse barn. Trying to clean their droppings off the front of stalls and the aisle was like scraping dried cement. Disgusting.
     
  7. cschattner

    cschattner Senior Member

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    Growing up my subdivision allowed chickens but there where restrictions like no rooster or free roaming chickens and you had to take care of them.

    We had chickens for years.
    Now our neighbors for their chicken rights revoked because they a) had a rooster b) kept them in an open too outdoor dog run c) didn't take care of them d) and they escaped a lot.

    I wish I had pics of this place. Kids where monsters, garbage on the roof (not kidding), used a weed whip to MOW the lawn. Not a push mower a freaking weed whip. Kids running outside barely clothed etc.
    Real treat for neighbors.
     
  8. bobo and horses

    bobo and horses Senior Member

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    I'm not really involved in the chicken fight, just was listening to my friend. Subdivision is about 5 hours away from my house. I just think it's good for a laugh. Though the CH and CL probably don't think so.
     

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