Neighbors animals / roosters / and my legal options ?

[Klosty]

What is the name of your state (only U.S. law)? Colorado. Hello, seems like a helpful community. My issue. We live in a semi rural area. It’s a small community, 35 houses mostly 5 acre lots. My neighbor has various types of animals but the ones at issue are her roosters. They are loud and obnoxious crowing throughout the day starting at approximately 4:00am. Unfortunately under the county animal zoning rules they are allowed to have roosters. Paraphrasing : 2.3 acres no roosters allowed / 5 acres roosters are ok. We have a homeowners association that forbids obnoxious noises odors etc. After my complaints the Homeowners association board sent them a letter demanding immediate removal of the roosters. The neighbor in question removed the offending roosters for one month than simply brought them back. The homeowners association is tiny with no enforcement arm. Any legal action would be up to me. Do I have any legal recourse? Lawsuit for loss of home value ? Violating the order of the homeowners association ? Thanks for any help

 

[Zigner]

You could move...

ETA: You could also install windows that will block the sound better, install soundproofing materials in your house, and get ear plugs for the night.

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado. Hello, seems like a helpful community. My issue. We live in a semi rural area. It’s a small community, 35 houses mostly 5 acre lots. My neighbor has various types of animals but the ones at issue are her roosters. They are loud and obnoxious crowing throughout the day starting at approximately 4:00am. Unfortunately under the county animal zoning rules they are allowed to have roosters. Paraphrasing : 2.3 acres no roosters allowed / 5 acres roosters are ok. We have a homeowners association that forbids obnoxious noises odors etc. After my complaints the Homeowners association board sent them a letter demanding immediate removal of the roosters. The neighbor in question removed the offending roosters for one month than simply brought them back. The homeowners association is tiny with no enforcement arm. Any legal action would be up to me. Do I have any legal recourse? Lawsuit for loss of home value ? Violating the order of the homeowners association ? Thanks for any help

I personally don't see a solution for you. Zoning wise they are not in violation for having roosters. The noise that roosters make is normal rural type noise that people would be expected to hear (not a loud boom box or other artificial noise). Your HOA has rules against obnoxious noises but who defines what is or isn't obnoxious?

You could run the situation by a local real estate attorney to see if they can think of anything that might work for you, but as annoying as roosters might be to someone, if you both have a 5 acre lot the sound cannot be right under your bedroom window.

 

[Klosty]

You could move...

ETA: You could also install windows that will block the sound better, install soundproofing materials in your house, and get ear plugs for the night.

We have installed new windows. Not much help. Not moving. Any legal recourse ?

 

[STEPHAN]

How many units in your HOA?

If I would move to a rural area with 35 houses I would expect roosters.

 

[Klosty]

How many units in your HOA?

If I would move to a rural area with 35 houses I would expect roosters.

35 -37 total in the HOA

 

[xylene]

Your neighbors are violating the HOA rules and flaunting an order to remove the roosters.

Get a lawyer. This won't be easy, but the law is on your side.

And other advisors are saying 'rural area' , 'who decides what is obnoxious'etc. don't forget they have to be farming for right to farm to apply. It doens't protect idiots insisting on fertile eggs in an HOA.

 

[adjusterjack]

We have installed new windows. Not much help. Not moving. Any legal recourse ?

You can file a private nuisance lawsuit seeking a permanent injunction against the keeping of roosters.

Count on spending thousands (maybe tens of thousands) on a lawyer to litigate this for you with doubtful chance of success.

Can't or won't do that?

Walk around with an iPod with ear buds and listen to your favorite music.

 

[Klosty]

Would the overall number of rule / law violations committed by my neighbor have any impact on resolving the rooster issue ? Example : multiple complaints to animal control from various neighbors regarding their 4 junk yard dogs. : Noisy Canadian geese / Wild turkeys (you should hear these things) / pigs etc. These people are a real joy.

 

[Zigner]

Would the overall number of rule / law violations committed by my neighbor have any impact on resolving the rooster issue ? Example : multiple complaints to animal control from various neighbors regarding their 4 junk yard dogs. : Noisy Canadian geese / Wild turkeys (you should hear these things) / pigs etc. These people are a real joy.

Rule violations will mean very little and it sounds like the "law violations" don't amount to much since law enforcement has, apparently, not stepped in about the matter.

(Don't geese fly?)

 

[Klosty]

Rule violations will mean very little and it sounds like the "law violations" don't amount to much since law enforcement has, apparently, not stepped in about the matter.

(Don't geese fly?)

You would think so. Mostly they just swim in a several baby pools and squawk there _____ off

 

[Zigner]

You would think so. Mostly they just swim in a several baby pools and squawk there _____ off

How is it the neighbor's responsibility if a wild bird decides to land on his property?

 

[adjusterjack]

Would the overall number of rule / law violations committed by my neighbor have any impact on resolving the rooster issue ? Example : multiple complaints to animal control from various neighbors regarding their 4 junk yard dogs. : Noisy Canadian geese / Wild turkeys (you should hear these things) / pigs etc. These people are a real joy.

I'm sure they don't think much of their next door NIMBY.

You sound like one of those people who move near airports and then complain about the noise that airplanes make.

Semi-Rural
5 Acre Properties
Zoning laws allow a variety of farm animals.
Farm animals make farm animal noises. It's the natural order of things.

You should have known that going in.

 

[not2cleverRed]

You could suggest the neighbor soundproof the rooster's coop. Bonus points if you offer to help. I've seen a lot of ambitious designs on a backyard chicken site...

If they are not keeping the rooster in at night, the situation will self resolve eventually (some night predator will kill him). However, if they are deadest on keeping a rooster, a dead rooster is easily replaced. There are always people trying to get rid of extra roosters, as they don't lay eggs.

I personally own an accidental rooster at the moment. If he's crowing at 4 AM, no one but trespassing duck hunters are hearing it. Roosters do crow through the day. Sometimes they have a reason. "Hey! Could you come out and give my girls a snack!" or "Hide girls, hide! There's a hawk!"

One neighbor hates my rooster. But then again, he even had a problem with another neighbor's little silkies (tiny chickens)...

 

[Klosty]

I'm sure they don't think much of their next door NIMBY.

You sound like one of those people who move near airports and then complain about the noise that airplanes make.

Semi-Rural
5 Acre Properties
Zoning laws allow a variety of farm animals.
Farm animals make farm animal noises. It's the natural order of things.

You should have known that going in.

You sound like one of those people who thinks they have intimate knowledge of a completely unknown circumstance.
Maybe you didn’t read the intro. 2.3 acres is also semi rural. Roosters are banned. Ft. Collins recently passed a rooster ban for all acreage under 10. You don’t live in this neighborhood & no nothing about the actual abuse dished out by my neighbor. Is this your idea of being helpful ?