Owensboro, KY HOA Rules: CC&R Enforcement (2026)
Key Facts
- Scope
- Applies only to Section 4-5 chicken-keeping rules
- Enforcement
- Private action by property owners, not the city
- Added by
- Ord. No. 15-2025, § 3 (Sept. 16, 2025)
- City permit still required
- $25 chicken permit from Public Works (§ 4-8)
Summary
Owensboro Municipal Code § 4-6 confirms that the city's backyard-chicken ordinance does not preempt private deed restrictions: homeowners' associations and subdivisions may still adopt or enforce their own covenants limiting or banning chickens, separate from the city permit and setback rules in § 4-5, and pursue that enforcement through private civil action rather than city code enforcement.
Sec. 4-6. - [Private restrictions.]Nothing in Section 4-5 of this chapter shall be construed to prohibit any property owner or association from establishing new or enforcing existing private restrictions, including, but not be limited to, deed restrictions, restrictive covenants, or declarations of covenants and restrictions, governing the use of property within subdivisions. Such private restrictions may continue to be enforced by private action of the property owners.
Full Breakdown
Section 4-6 sits inside Chapter 4, Article I, added by the same 2025 ordinance (Ord. No. 15-2025, § 3) that created the city's six-hen chicken allowance in § 4-5. It states that nothing in § 4-5 stops a property owner or association from establishing new, or enforcing existing, private restrictions, including deed restrictions, restrictive covenants, or declarations of covenants and restrictions governing property use within subdivisions, and that those restrictions may continue to be enforced by private action of the property owners. That means the city's Property Maintenance Code Enforcement Officer, who administers § 4-5 under § 5-137, has no role in policing a subdivision's private chicken ban; an affected homeowner would need to sue neighbors or the HOA directly, or rely on the association's own enforcement tools such as fines or liens, to stop a coop that violates a recorded covenant.
Because the text is written narrowly around § 4-5, it does not create a general city policy on HOA covenant enforcement for other subjects like fences, paint colors, or short-term rentals; those disputes stand or fall under ordinary Kentucky civil law and the recorded covenant instrument itself, not under this chapter. A resident who wants to keep chickens in Owensboro should check their subdivision's recorded restrictions in addition to obtaining the $25 chicken permit from the Department of Public Works, since satisfying the city ordinance does not excuse a violation of a private covenant.
Violations & Fines
Owensboro Municipal Code § 4-6 leaves enforcement of private deed restrictions on chicken-keeping to private action rather than the city; a homeowners' association or a neighboring property owner must sue in circuit court to enforce a covenant against a chicken coop, and Owensboro's Property Maintenance Code Enforcement Officer or Code Enforcement Board has no fine or citation authority over that private dispute.
Frequently Asked Questions
Can my HOA ban chickens even though Owensboro allows six hens?
Who enforces a private covenant against chickens, the city or the HOA?
Does § 4-6 cover HOA disputes over anything besides chickens?
Sources & Official References
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