Fight over chickens goes to NC Supreme Court for final ruling

UNION COUNTY, NC — It’s not a chicken fight, it’s a fight over chickens.

A Union County woman has been in a battle with her HOA for years.  For Mary Schroeder, they aren’t just birds, they’re her pets.

Schroeder and her family moved into their Waxhaw dream home in 2017. Before they moved in, she says they were told by the Oak Grove Farm HOA they could have chickens on their property as long as the birds were kept as pets, not livestock.

They built a beautiful coop and at one point had about 60 chickens. She said they had no problem with the HOA for two and a half years.

Around the time the pandemic started, so did their fight with their HOA.

“They just said it was against the rules and they said everybody else in the neighborhood was getting rid of theirs,” Schroeder said of what the HOA told her.

Schroeder said her lawyer told her she was within her right to keep the chickens. So, she did. That decision cost her. The family was fined $100 a day, reaching a whopping $31,500. Schroeder explained the HOA gave them an ultimatum.

“We’ll get rid of your fines if you get rid of your chickens or move and that was it. That was their only compromise” Schroeder said.

The family took it to a Union County court where a jury sided with the HOA. The family appealed the decision.

By the time they had their day in court, the Schroeder’s decided it was time for a fresh start. Moving to their new home in Monroe but not before having to pay the $31,500 in fines.

“We had to pay it to sell our house. We couldn’t sell our house because they put a lien on our house,” explained Schroeder.

In 2023, an appellate court ruled their birds were pets. The family got the validation they were looking for but not the outcome.

“We were like, yay! We get our $31,500 back, plus 8% interest for the whole time they had it. And then their attorney said, whoa, we’re not accepting this,” said Schroeder.

This fight over chickens will end April 22nd, when the North Carolina Supreme Court will make a final ruling.

We reached out to the HOA and their attorney about the case. The HOA president tells WCCB he has no comment about the ongoing case.

A GoFundMe was created on behalf of the Schroeder’s to help with attorney fees.