Florida HOA Lawyer Blog
When it comes to coverage of community association disputes, nothing seems to draw the media’s attention more than quarrels involving the forced removal of unapproved family pets and service animals. One of the most recent examples is a report by CBS-12 News on a Boca Raton family that is fighting to keep its chickens and backyard coop, which they have maintained for the last 10 years.
The station’s report chronicles how the Ashley Park Homeowners Association has given Damir Kadribasic and his family a 14-day notice to get rid of the birds or start facing a fine of $100 per day. Kadribasic has retained an attorney and apparently intends to put up a fight. He says he has had the birds for the last 10 years with no complaints, and he showed the station a petition signed by his neighbors demanding that the HOA allow the chickens to stay.
The family’s attorney says they were given a notice that consisted of a single sentence, and the association did not specify which bylaws were being violated. However, the station obtained a copy of the community’s bylaws, which do indeed state that only common domestic pets are permitted. To that, the owners’ attorney notes that the chickens are domestic because they are not being used commercially and are considered pets by the family. He also says that the HOA cannot selectively enforce its rules.
The station’s report concludes by noting that it asked the association for a response, but none was forthcoming. That was unfortunate for the HOA, because predictably the result was a one-sided report. Click here to watch it on the station’s website.