Chicken Question

[npe001]

Question for the Green Screen.. I live in Tomball City Limits as well as in a neighborhood with an HOA. The wife has been wanting some hens for a while and so I started to dig and see what the laws were.

City Ordinance say that we can have chickens as long as they are in a coop. HOA bylaws say no chickens.. I thought I heard something that the state of Texas passed a bill that basically states no HOA can prevent you from having x amount of chickens (I think 6). Which rule wins in this situation?

[flywise]

Call the city and ask if an HOA over rules city policy

[Hammerdown]

Question for the Green Screen.. I live in Tomball City Limits as well as in a neighborhood with an HOA. The wife has been wanting some hens for a while and so I started to dig and see what the laws were.

City Ordinance say that we can have chickens as long as they are in a coop. HOA bylaws say no chickens.. I thought I heard something that the state of Texas passed a bill that basically states no HOA can prevent you from having x amount of chickens (I think 6). Which rule wins in this situation?

Just dont get a rooster and make sure to keep the coop clean and no one will ever know.

[npe001]

Call the city and ask if an HOA over rules city policy

I called the city and the lady was not sure which one over rules who... lol

[Triple 7]

I dont know the answer but I do know that most HOA's are a pain in the ARS. It wont matter if you are right or not. They will make your life a living hell.

[PoppinPiggies]

You might be talking about HB1686 in 2021 which I do not think ended up passing.

Not 100% sure but I think HOA's can impose more restrictive rules in addition to city regs. Just like a city can impose more rules on top of county or state regs

[AntlerCollector]

I know several folks that built small coops in their backyards and put a few hens in it.

100% against HOA but none have ever been in trouble for it.

Like someone mentioned, don’t get a rooster. Hens will still lay eggs without a rooster

[AgHntr10]

If you have a privacy fence then you don't have anything to worry about, nobody will know you have chickens. **** on the HOA

[Bear82]

Get a couple dozen chickens and you might be able to bribe HOA with extra eggs to keep them off your back.

[bloodtrail18]

Depends on your lot size and your relationship with your neighbors. As neighbors we all built backyard coups against our HOA rules and have had no issues.

[npe001]

Depends on your lot size and your relationship with your neighbors. As neighbors we all built backyard coups against our HOA rules and have had no issues.

I have one neighbor that would not mind and the others are two 400 pound gay dudes.. I have a farm with chicken and pigs about 75 yards through the woods from me so it would not be uncommon to hear any chickens..

[Drycreek3189]

I know several folks that built small coops in their backyards and put a few hens in it.

100% against HOA but none have ever been in trouble for it.

Like someone mentioned, don’t get a rooster. Hens will still lay eggs without a rooster

Yeah, but it won’t be as much fun for the rooster……….

[powderburner]

https://guides.sll.texas.gov/animal-law/backyard-animals

Sec. 6-34. - Keeping for public showing.
Notwithstanding anything in this article, it shall be lawful for any person to keep, possess and maintain chickens, turkeys, geese, ducks, pea-fowls, guineas, rabbits and guinea pigs for the purpose of a legitimate showing of the fowl and animals for purely public exhibition, provided the conditions set forth in this article are observed.

(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

Sec. 6-35. - Limitation on number to be kept.
Any person keeping, possessing, or maintaining chickens, turkeys, geese, ducks, pea-fowls, rabbits, or guinea pigs in the city at least 100 feet from any actual residence or habitation of human beings, church, school or hospital, other than the residence of the possessor or owner of such animals, shall keep no more than 30 chickens, turkeys, geese, ducks, pea-fowls, rabbits, or guinea pigs. Additionally, no more than 40 of any combination of chickens, turkeys, geese, ducks, pea-fowls, rabbits and guinea pigs shall be kept upon any lot or enclosure of the size of 65 by 125 feet or less. In the event that the fowl or animals are kept in a larger enclosure, the number so kept and maintained may be increased only in the ratio that the above figures of 30 and 40 bear to the increase in the square footage of the larger enclosure.

(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

Sec. 6-36. - Maintenance of premises where kept.
(a)Any person keeping pens, hutches, or houses or any enclosure in which fowl, rabbits or guinea pigs are kept must clean and disinfect the premises daily, lime the premises every two days and must keep the premises in a clean and sanitary condition at all times.(b)Litter and droppings from such fowl, rabbits and guinea pigs must be collected daily and stored in a flytight container and hauled away at intervals not to exceed seven calendar days. Rabbit and guinea pig hutches must have traps or floors to keep droppings or urine from such animals off the ground.
(Ord. No. 2022-44 , § 2(Exh. A), 1-19-2022)

[powderburner]

long in short you can have chickens. They can only regulate where you put the coup.

I have seen coups that look like play houses. or fancy dog runs.

[bloodtrail18]

I have one neighbor that would not mind and the others are two 400 pound gay dudes.. I have a farm with chicken and pigs about 75 yards through the woods from me so it would not be uncommon to hear any chickens..

I think you'd be fine. Unless the chubby boys come looking for some rooster...