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Covenants but no HOA

Discussion in 'Small Claims & Municipal Court' started by KDrake, Sep 3, 2018.

  1. KDrake

    KDrake Law Topic Starter New Member

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    Jurisdiction:
    Wyoming
    So, we have a future neighbor (not moved in yet, but will be a future retirement home for him) who is giving us problems.
    We have chickens and 2 of them are roosters. He complained this morning that the rooster is a problem and needs to go. We do have covenants, and they do say no poultry. However, we no longer have an HOA. It has been "Inactive - Administratively Dissolved" according to my states website.
    We also have 2 other neighbors who have chickens, and one of them also has a rooster. There are also several other covenants that are broken by multiple people in our subdivision.
    I should probably add that our county allows us to have livestock since we are out of town limits. I'm hoping since the HOA made these rules, and the HOA is no longer, that he has nothing to fall back on.
    Do we have a chance here? He told us he will be taking us to court and as ridiculous as it sounds, our roosters are our pets and I would be devastated to have to get rid of them.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You'd be wrong.

    He can file a private nuisance lawsuit to enforce the covenants.

    The covenants are the contract that you agreed to abide by when you bought the property.

    What the county allows is irrelevant.

    He has an excellent chance of winning if this goes to court.

    Yes, that does sound ridiculous and a judge will laugh his ass off as he signs the injunction.
     
  3. army judge

    army judge Super Moderator

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    I have never understood why anyone would buy property in an effort to live FREE, but then agree to be controlled by a home owners association when the planet is filled with properties NOT under the control of thugs.
     
    Highwayman likes this.
  4. KDrake

    KDrake Law Topic Starter New Member

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    Good news!
    I contacted our county and they just need in writing that the HOA is inactive and therefore all of the covenants are voided.
    Thank you for your input!
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Believe the county bureaucrat at your peril.
     

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