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Articles Tagged with community association pet restrictions

A recent article in the Pensacola News Journal focused on an uproar over an HOA’s restrictions against backyard chickens in a case that is very similar to one I wrote about in this blog in September 2021.

The newspaper reports that Holley By the Sea homeowners in Santa Rosa County fear their HOA may be moving toward a complete ban of their feathery friends. Approximately 100 of the 3,500 residents in the sprawling community own chickens, according to resident Mark Chapman.

He says the community’s residents take pride in their chickens and small backyard coops, and some fear the HOA is seeking to limit or possibly ban chickens from the neighborhood.

chckns-300x188Chapman tells the newspaper that chicken ownership had not been a problem until fairly recently when the new board of directors decided to make it one. He says the board has begun its efforts by limiting the size of backyard chicken coops. One resident was ordered to reduce the size of her coop and lower its roof to no higher than six feet, even though Chapman has been allowed to keep his at seven feet. He says the new board president has stated he wishes to ban chickens in the community, and a Nov. 8 meeting has been scheduled on the issue.

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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.

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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.

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