HOA Case Law Journal
with Julie McGhee Howard
Bryan v. Kittinger (North Carolina)
282 N.C. App. 435 (Ct. App. Apr. 5, 2022)
Are Chickens Pets?
A member of Sleepy Hollow Subdivision kept four chickens in their backyard. A neighbor complained saying having poultry violated the covenants.
The Facts:
Sleepy Hollow’s covenants prohibited poultry of any kind, but allowed household pets.
Sleepy Hollow residents tried to pass an amendment to their covenants to allow each homeowner to have a maximum of five chickens on their property for non-commercial use, but did not compile enough signed consents to validate the amendment.
The Issue of the Suit:
Are the chickens poultry or are they pets?
Court Decision
The Court held that the Owner’s chickens could be household pets, and therefore permitted, but only if they were not kept, bred, or maintained for any commercial purposes. The Court opined that most any animal could be a household pet as long as they were not used for commercial purposes.
The Cautionary Tale
Associations must obtain the mandated number of signed approvals to pass and enforce an amendment. Chickens, or other non-traditional animals, could be considered pets, as long as they are not being used for commercial purposes.
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