Court Agrees with HOA that Owners’ Flock of Chickens Did Not Qualify as “Household Pets”

A recent court decision offers a strong reminder that HOA rules matter—even when they’re not perfectly worded. The case involved a dispute between homeowners (“Owners”) and their community association (“HOA”) over whether a backyard flock of around sixty chickens qualified as “household pets.”

The HOA’s Declaration of Covenants, dating back to 1996, strictly limited livestock and poultry but allowed up to three horses and “household pets” not kept for commercial purposes. After Owners moved into the community in 2017, they began keeping chickens, eventually expanding the flock well beyond what most would consider typical for a suburban neighborhood.

How the Dispute Escalated

By March 2020, the HOA sent formal violation letters and began imposing $100 per day fines until the flock was removed. Owners responded by claiming the chickens were family pets, each with names and personalities, and filed a lawsuit seeking a court ruling in their favor. The HOA countered with its own claim to enforce the covenants.

The case turned into a fact-heavy battle:

• Owners’ side: Presented testimony, videos, and personal accounts to show that the chickens were loved like dogs or cats. They said they never sold eggs and considered the birds part of the family.

• HOA’s side: Introduced Facebook posts where eggs were advertised for sale, highlighted that neither owner could name all the birds, and argued the sheer number of chickens undermined their “pet” claim.

The Courtroom Journey

1. Trial: