Court Reverses HOA Judgment for $31,500 in Fines Against Owners After Finding that Owners’ Chickens Were “Pets” and not “Poultry.”

This case involves a dispute between two homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to keep chickens on their property, which was located in a common interest community that was governed by Association in accordance with its governing documents. Association’s governing documents contained a restrictive covenant entitled “LIVESTOCK” that purported to limit animals that could be kept on properties within the community. The covenant stated:

A maximum of three horses may be kept and stabled on any lot or combination of adjoining lots under common ownership…. No other animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets, may be kept provided that they (including horses) are not kept, bred, or maintained for any commercial purpose. No dog kennels of any type shall be kept or maintained on the property. (emphasis added)

Following an internal hearing, Association found Owners to be in violation of the above covenant by maintaining chickens (poultry) on their property.  Association imposed a continuing fine of $100 per day on Owners for each day that Owners continued to raise the chickens on their property. When the fines reached in excess of $30,000 Owners moved the chickens off their property and filed suit against  Association seeking a declaratory judgment that their flock of “pet” chickens did not violate the subject covenant, and sought an injunction prohibiting Association from enforcing the covenant against them.

In their action, Owners contended: