Ann Arbor, MI HOA Rules: CC&R Enforcement (2026)
Key Facts
- Private restrictions win
- Over a city bird permit
- Includes
- Deed, condo, HOA, covenant rules
- Enforcement of HOA rules
- Left to private parties
- Effect
- Conflicting permit is void
Summary
Ann Arbor's chicken-keeping permit is void wherever it conflicts with private restrictions: deed restrictions, condo master deeds, HOA bylaws, and covenants override a city bird permit, and the city leaves enforcement of those private rules to the private parties.
Notwithstanding the issuance of a permit by the city, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of birds is void.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 26 Update 4).
Full Breakdown
Section 9:42(2) makes clear a city-issued 6-bird permit does not overcome private land-use restrictions: deed restrictions, condominium master deed restrictions, neighborhood association bylaws, and covenant deeds all take precedence, and a permit issued to a property already bound by a restriction against keeping birds is void from issuance. Ann Arbor draws the enforcement line sharply, the city administers its own permit and setback rules, but interpreting and enforcing any HOA or deed restriction is left solely to the private parties involved, not city code enforcement.
Violations & Fines
No city penalty attaches to the HOA conflict itself; a void permit simply means the person is keeping birds without a valid city permit, exposing them to the § 9:42 civil infraction, fine up to $500.
Frequently Asked Questions
Can my HOA ban chickens even if I have a city permit?
Will the City of Ann Arbor enforce my HOA's chicken ban?
Sources & Official References
Other rules in Ann Arbor
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