Some 75.5 million Americans — or about 30% of the entire population — live in a community governed by a Homeowners Association (HOA), according to the Foundation for Community Association Research. Further, the 365,000 different HOAs each enforce their own set of rules. And not all Homeowners Association rules allow chickens.
Chickens and HOAs
An HOA is an organization that establishes regulations governing a planned development. The planned development might consist of either condominiums or a neighborhood subdivision.
Anyone who owns property in an HOA-governed community must become a member of the association, and therefore must observe all its rules and regulations. Legally you cannot decline to join the HOA, nor can you pick and choose which rules to observe.
“Because many municipalities have legalized raising chickens in residential zones, HOAs are more frequently encountering owners maintaining chickens in their communities,” says California attorney Carrie Heieck. However even if a local municipality allows backyard chickens, but the HOA prohibits them, the HOA prevails.
Overcoming Objections
Keeping chickens is a hot topic within HOAs across the United States. As Condominium Associates points out, one objection to chickens is that their presence reduces property values. But “The consensus among realtors, and even some [HOA] council members, is that property value will not be lowered so long as the outbuilding (dwelling for chickens) remains clean and up to date on any necessary repairs.”
Another objection is odor. “However, it’s a myth that chickens smell bad. While it is true that the feces of chickens can stink if not properly cleaned, this is also true of any other animal (whether pet or livestock) that leaves waste in the yard. Chickens do not stink, and as long as a homeowner maintains their yard as they would for another pet, it should not be an issue.”
Yet another objection is noise. To overcome this objection, Clark Simpson Miller HOA management services recommends allowing quiet chickens. They suggest that “Some of the quieter breeds include Rhode Island Red hens, the Wyandotte, and the Orpington chicken.”
Missouri HOA Law
Most states have no law prohibiting HOAs from banning backyard chickens. That leaves the burden of deciding whether or not to allow chickens up the each Homeowners Association. The state of Missouri has taken a different path.
Under Missouri’s HB 2062, HOA members that have at least 2/10ths of an acre may keep up to 6 chickens in a single chicken coop designed to hold no more than 6 birds. In other words, regardless of what association regulations say, a Missouri HOA cannot prohibit chicken keeping as of August 28, 2024.
This law is the brainchild of Missouri state representative Jim Murphy. His inspiration came when he got word that the subdivision where his grandchildren keep chickens was planning to institute a ban. “I don’t believe that HOAs deserve that much power,” he said. “I think that private property is just that: it’s private property.”
Those who oppose the Missouri law feel the issue should be up to each individual community. In other words, if a community wants chickens, the Homeowners Association should be able to allow chickens. But if a community doesn’t want chickens, the HOA should be able to prohibit them.
As it stands, city or county governments in Missouri may prohibit chickens, but HOAs may not. However, Missouri HOAs still have options for mitigating objections. They can, for instance, limit flock size, ban roosters, and regulate the design and placement of chicken coops.
And that’s today’s news from the Cackle Coop.
Helpful Link
Can I Legally Keep Chickens In My Backyard?
Gail Damerow has written numerous books about keeping poultry, many of them available from the Cackle Bookstore.
