Family’s fight against HOA over chickens goes before NC Supreme Court

WAXHAW, N.C. — Mary Schroeder and her family used to live in Oak Grove Farm in Waxhaw. She told Action 9 investigator Jason Stoogenke they had about 60 chickens, but no roosters, so no noisy ones.

Schroeder says she knew the HOA there didn’t allow “poultry,” but that “household pets” were allowed, as long as you didn’t make money off of them. She says the birds were pets, that her family didn’t sell the animals or their eggs. Plus, she says members of the Board told them before they moved in that their chickens would be OK.

“Our realtor confirmed on three separate times with three separate representatives from the HOA,” she said.

She said HOA leadership eventually changed, started enforcing the bylaws more, and said the birds had to go. They then started fining the family. Schroeder says the tab climbed over $31,000.

Shroeder says she felt “frustrated, drained, exhausted.” She says they paid and moved, but then sued to get reimbursed. The HOA won at trial. The family won on appeal. And, this week, the North Carolina Supreme Court heard oral arguments on the road to deciding the case.

“I’m doing it now to fight for everybody who wants to have backyard chickens,” she said.

Schroeder started a GoFundMe for the tens of thousands of dollars she says her family racked up in attorney fees so far.

As for the HOA, their lawyer emailed Stoogenke, “Although we disagree with the Plaintiffs’ representations of the facts of this case, we do not think it is appropriate to comment at this time.”

Action 9 has reported on other families in similar situations with chickens they considered pets, not commercial livestock, and they wanted either their HOA or their town to allow them to keep the birds. You may remember the Celmer family. Because of them, people in Concord can now keep chickens as pets.

Stoogenke has also reported on a Harrisburg family pushing to be able to do the same.

(VIDEO: After noise complaint, neighbor says loud music protects chickens)

After noise complaint, neighbor says loud music protects chickens

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