Author Topic: Texas Chickens and HOA  (Read 1173 times)

Offline rocket1209

  • Fledgling Prepper
  • *
  • Posts: 1
  • Karma: 0
  • New TSP Forum member
Texas Chickens and HOA
« on: August 11, 2020, 04:11:50 PM »
We recently acquired chickens on my half-acre lot in Montgomery County Texas. My HOA gave me a copy of the agreement stating we are unable to keep any animals including poultry. I came across Texas SB86 which passed and was instated in September of 2019. Can anyone give me more information on this bill? Will it protect me from my HOA? Thank you

Offline fritz_monroe

  • The Defenestrator
  • Administrator
  • Survival Veteran
  • *******
  • Posts: 8735
  • Karma: 159
    • The Homestead Fritz
Re: Texas Chickens and HOA
« Reply #1 on: August 11, 2020, 05:29:13 PM »
First off, welcome to the forum.  Please stop over at the Intro thread and introduce yourself.

You really don't want to take legal advice from anonymous folks on the Internet.

That said, my understanding is that the HOA can slap a lien on you for not following rules.  But when you go to sell, you just make it fit the rules and that lien goes away.

Things like this is the reason that when I was shopping for our current house, I told the agent I didn't want to see anything with an HOA.

Offline Mr. Bill

  • Like a hot cocoa mojito
  • Administrator
  • Ultimate Survival Veteran
  • *******
  • Posts: 15303
  • Karma: 1878
  • Trained Attack Sheepdog/Troll hunter
    • Website Maintenance and Online Presence Management by Mr. Bill
Re: Texas Chickens and HOA
« Reply #2 on: August 11, 2020, 09:08:03 PM »
https://legiscan.com/TX/text/SB86/2019

I am not a lawyer and first read this 2 minutes ago.

But it looks like this bill restricts what a municipality can do, not what a HOA can do.

Offline LvsChant

  • Resident Master Mudder
  • Global Moderator
  • Survival Veteran
  • ******
  • Posts: 7788
  • Karma: 614
Re: Texas Chickens and HOA
« Reply #3 on: August 11, 2020, 09:31:35 PM »
After our last home in Texas, complete with HOA, we swore we would never live in a neighborhood with all those silly Karens around with nothing better to do than to harass their neighbors...

So, I would first read the HOA rules very carefully and see if there is any loophole that would allow you to have them -- like your surrounding neighbors don't mind and you don't have a crowing rooster, etc.

Next, you might want to see if the HOA is stringent about enforcing all the rules in the rulebook. If they have singled you out and are not enforcing other rules, then you may have some way to reason with them about this. Quite commonly, you'll find that they aren't enforcing rules that they don't personally like -- some things like not being allowed to park travel trailers on their lot, fences and/or home modifications that weren't approved by the HOA, running a business out of the home, you get the gist...

Also, if you have other like-minded neighbors in the subdivision, get together and change the HOA rules at the next meeting. You just have to work within the HOA guidelines on what those procedures are... if none of your neighbors will support you and the HOA board is responding to a complaint by one of your near neighbors, it may be more difficult.

Good luck!

Offline ga-qhd

  • Survivor
  • ***
  • Posts: 144
  • Karma: 7
Re: Texas Chickens and HOA
« Reply #4 on: August 12, 2020, 03:54:47 AM »
At my former house, there was no HOA in the subdivision but there was a CCR attached to the property; one provision was no livestock.  I was still planning on chickens and figured that if I gave them names they would be pets.  But I moved before I got the birds.

Reasoning with the HOA might work, but the fact that you were served notice immediately suggests a poor outcome.  Changing the bylaws may work but would require a lot of effort.  While all property owners are usually able to vote, in actual practice the ones who show up are the same kind who made sure you knew you were in violation.  Fighting them legally is a losing proposition.  They can increase your HOA dues to fund their lawyer to fight your lawyer (while also increasing everyone else's HOA dues, making the whole neighborhood hate you).


Offline LvsChant

  • Resident Master Mudder
  • Global Moderator
  • Survival Veteran
  • ******
  • Posts: 7788
  • Karma: 614
Re: Texas Chickens and HOA
« Reply #5 on: August 14, 2020, 11:59:28 AM »
At my former house, there was no HOA in the subdivision but there was a CCR attached to the property; one provision was no livestock.  I was still planning on chickens and figured that if I gave them names they would be pets.  But I moved before I got the birds.

Reasoning with the HOA might work, but the fact that you were served notice immediately suggests a poor outcome.  Changing the bylaws may work but would require a lot of effort.  While all property owners are usually able to vote, in actual practice the ones who show up are the same kind who made sure you knew you were in violation.  Fighting them legally is a losing proposition.  They can increase your HOA dues to fund their lawyer to fight your lawyer (while also increasing everyone else's HOA dues, making the whole neighborhood hate you).

Highly agree... that is probably the most likely outcome. Our former HOA board actually paid people to drive through the neighborhood looking for violations -- paying that person with our HOA dues... sheesh.