Backyard chickens are requested in Florida communities more often than they used to be. Whether they can be kept in a homeowners association depends on two things: what the city or county allows, and what the association's governing documents say.
This article is general information and is not legal advice. The association's attorney should be consulted.
Two Sets of Rules Apply
Chickens are regulated first by local government. Each city and county sets its own zoning and animal ordinances, and the rules differ widely across Florida. Some places allow a small number of hens on a residential lot with a permit. Others prohibit poultry in residential zones entirely. The local code should be read, or the zoning office should be called, before anything else is decided.
The second set of rules is the association's own. A local ordinance that allows hens does not cancel a covenant that prohibits them. Both sets of rules must be satisfied, and the stricter one controls in practice.
What the Governing Documents Usually Say
Most declarations do not mention chickens by name. The answer is usually found in one of these clauses:
- A pet clause that allows "common household pets" and prohibits livestock or poultry
- A clause that prohibits animals kept for commercial purposes or breeding
- A nuisance clause that covers noise, odor, and anything that attracts pests
- An architectural clause that requires approval for sheds, coops, and other structures
When the wording is unclear, the board should ask the association's attorney for an opinion before a violation notice is sent or permission is given.
Does Florida Law Give Owners a Right to Keep Chickens
No right to keep chickens in a homeowners association is created by Chapter 720, Florida Statutes. One section is sometimes raised in these discussions. Under section 720.3045, an association may not restrict owners or tenants from installing, displaying, or storing items on a parcel that are not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course, unless the item is prohibited by general law or local ordinance. The examples listed in the statute are artificial turf, boats, flags, vegetable gardens, clotheslines, and recreational vehicles.
Animals are not mentioned in that section. Whether it has any effect on a coop that cannot be seen from outside the lot is a question for the association's attorney, and it should not be assumed either way.
The Concerns Raised Most Often
When chickens are proposed, the same objections are usually heard. Each can be addressed in a written rule.
- Noise. Most of the noise comes from roosters. Communities that allow chickens almost always allow hens only.
- Odor. Odor comes from waste and wet bedding that are not cleaned up. A cleaning standard can be written into the rule.
- Pests and predators. Feed that is left out attracts rodents, and poultry can attract wildlife. Sealed feed containers and enclosed coops reduce both.
- Appearance. A coop is a structure. Its size, location, screening, and materials can be reviewed through the architectural process.
Claims about the effect of chickens on property values are made on both sides and are hard to prove.
If the Community Decides to Allow Them
If owners want chickens and local law permits them, the change should be made the right way. A prohibition in the declaration can be removed only by an amendment adopted under the declaration's own procedure. Where the declaration is silent and the board has rulemaking authority, a rule may be adopted at a board meeting. Under section 720.303, written notice of a board meeting at which rules on parcel use will be considered must be given to owners at least 14 days in advance.
A workable policy usually covers:
- The maximum number of hens, and a ban on roosters
- Coop location, size, screening, and architectural approval
- Cleaning, feed storage, and waste disposal
- No sale of eggs or birds from the home, and no slaughter on the lot
- Compliance with every city or county permit requirement
- Removal of the birds if the rule is violated repeatedly
If the Community Decides Against Them
When chickens are prohibited by the documents, the restriction should be enforced the same way for everyone. A courtesy notice should be sent first. Before a fine is imposed, at least 14 days' written notice and an opportunity for a hearing before a committee must be given under section 720.305. More on how the board sets and applies policy can be found in our post on
the role of the board of directors, and shared spaces are covered in
HOA practices for common areas.
Questions About Animal Rules in Your Community
For communities managed by Condominium Associates, rule changes, owner notices, and enforcement are handled by the community's manager under the board's direction. To talk about how a rule like this would be put in place,
contact us.
