The North Carolina Supreme Court issued a pet chickens ruling that sided with an HOA in Union County. The decision confirmed that a couple’s flock of 60 chickens did not qualify as household pets under the community’s restrictive covenants. The case has been ongoing for seven years and now ends with the couple facing significant damages.
Pet Chickens Ruling Confirms HOA Restrictions
The dispute began when Craig and Mary Schroeder bought a home in Oak Grove Farm in 2017 and quickly started keeping dozens of chickens. Their homeowners association later demanded removal of the flock in 2020 and threatened steep daily fines. The couple responded with a lawsuit, arguing their birds were pets, not livestock.
Mary Schroeder told jurors she spent hours daily with the chickens, knew each bird by name, and shared strong personal bonds. The HOA countered with evidence that Craig Schroeder could not recall most names, even though he knew the names of the family’s other pets.
The association also presented a Facebook post from Mary Schroeder advertising egg sales, which conflicted with her claim that the chickens were never used commercially.
Jury and Court Decisions
A Union County jury found unanimously that the chickens were not household pets. The Court of Appeals later reversed that ruling, deciding the couple should have prevailed.
The state Supreme Court stepped in and disagreed, holding that enough evidence supported the jury’s original verdict. The justices emphasized that with 60 birds, the couple averaged only minutes of interaction with each chicken per day. The court said this did not resemble the close bonds most people form with dogs or cats.
Differing Opinions on Covenant Enforcement
Justice Anita Earls wrote the majority opinion, explaining that the evidence favored the association’s position. Justice Allison Riggs challenged this, stating that restrictive covenants should be interpreted in favor of free land use. Riggs warned that HOA power over covenant language often leaves homeowners with limited choices.
Based on a pre-trial agreement, the Schroeders now owe their HOA $31,500 in damages. The ruling sets a clear precedent for North Carolina communities enforcing pet-related covenants.
