By Rhonda Moore
Staff Writer
Everything was OK until the chickens started terrorizing the
horses. That’s according to the homeowner in the Pawnee Hills
subdivision whose poultry has started a legal battle pitting the
homeowner’s association board against a handful of animal owners
who claim the board is unfairly targeting them for alleged covenant
violations.
“They’re discriminating against people with animals,” said Holly
Haan, whose chickens are at the heart of the battle. “They’re just
playing games is what they’re doing, but they’re wasting
homeowners’ dollars doing it.”
Haan and her husband Greg have lived in Pawnee Hills for more
than 13 years. Pawnee Hills prides itself as an equestrian
community with a pool, clubhouse, riding arena and stables
available to its 167 homeowners on five-acre lots.
Haan has raised chickens on her property since the time she
moved in, although the subdivision’s HOA covenants do not permit
poultry. Haan gained written permission from the board in 1997 to
have the chickens, she said. She and a handful of neighbors enjoyed
their eggs until earlier this year when a neighbor complained the
chickens were chasing her horses.
That’s when the board began its action to remove the poultry and
a small number of other forbidden creatures from the subdivision.
That action has culminated in finger pointing and infighting
between the board and the subdivision’s homeowners.
As the discord reached its boiling point, the board additionally
announced its intent to raise HOA dues by 28 percent and to enforce
lien actions against homeowners who are in arrears for non-payment
of dues.
Pawnee Hills HOA president John MacArthur refused comment, but
the posted minutes of the May 12 board meeting say an increase in
dues is necessary to meet unanticipated expenses. Some of those
expenses are noted as “legal fees that are not in the
budget.”
Those legal fees are an unnecessary expense incurred by a
power-hungry board, Haan said.
“They’re going after people with prior approval and they’re
wasting our money to do this,” she said. “I have written permission
to have my chickens. Now they’re trying to tell me I need to have
two signatures. We have petitioned for a vote on the issue of
raising dues and they’re ignoring the homeowners.”
At the May 12 meeting, the board voted unanimously to raise dues
from $32 per month to $41 per month. The board also passed a motion
to begin foreclosure proceedings on any homeowners more than $250
in arrears. As of the March 10 meeting, the board reported that ten
liens were in place against homeowners who were late in paying
their dues.
The minutes state that if a homeowner is three months behind, an
intent to lien is sent. In an effort to defend the increase in
dues, the board says that in 2004 the HOA spent $6,000 more than it
brought in.
The board reported nearly $600 in expenses to notify three
homeowners of covenant violations as of June 2005. On June 15, the
board’s attorney filed a summons against the Haan’s in Elbert
County District Court.
While the Elbert County Master Plan recommends covenants for
subdivisions, the county has no regulations or authority to enforce
covenants, said Ken Wolf, Elbert County Planning
Director.
“If it’s a covenant issue, the county does not get involved,”
Wolf said.
The state passed legislation this year to provide extra
protection to homeowners who live in covenant-controlled
communities. While it is not clear how the new law will be
interpreted in this situation, Haan intends to fight the board’s
suit. She makes clear in her written response that she feels the
board’s actions are selective and discriminatory.
“Those who are in violation with multiple outbuildings,
driveways, home run businesses are not being addressed,” she says.
“I think a judge in Elbert County would find it interesting that
not all violations are being pursued.”
Minutes of the Pawnee Hills board meetings are posted on the HOA
Web site at www.pawneehillshoa.org. Information posted by the
homeowners opposed to the board’s actions is posted on their Web
site at www.pawneehills.com.
Contact Rhonda Moore at rmoore@ccnewspapers.net.