HOA-DUCKS-FORECLOSURE in the same sentence

https://www.washingtonpost.com/nation/2022/07/09/hoa-ducks-foreclosure/

Partial:

A Texas couple has put their house up for sale after their homeowners’ association sued and threatened to foreclose on their home.

Their offense, according to the suit: feeding the ducks that roam their subdivision outside Houston.

Kathleen Rowe, 65, and her husband George moved into the home across from a waterway in Cypress, Tex., about a decade ago, soon after their only child died. She found feeding the ducks therapeutic and has continued ever since, according to their attorney, Richard Weaver.

In June, the Lakeland Community Homeowners Association decided it had had enough of the Rowes feeding the waterfowl despite what it said were repeated warnings not to. The association filed suit against the couple in Harris County Civil Court, asking a judge for a “permanent mandatory injunction requiring Defendants to cease from feeding any wildlife” in the neighborhood and up to $250,000 in damages, Texas’s standard minimum for such lawsuits.

Feeding the ducks “runs afoul of the general plan and scheme of Subdivision” and has caused “imminent harm and irreparable injury to the Plaintiff,” the lawsuit reads. The lawsuit asks the court for permission for the HOA to foreclose on the property if the Rowes continue to feed the ducks.

An attorney for the homeowners’ association did not respond to requests for comment Saturday.

Weaver said this litigation stands out among the others he’s defended against.

“I’m a board-certified real estate attorney, and this lawsuit is truly the silliest lawsuit I’ve ever seen in my practice,” Weaver said. “This attorney has essentially claimed that feeding ducks is either noxious or offensive — I think that’s an incredible statement.”

The lawsuit accuses the Rowes of violating four HOA rules, including one prohibiting “any noxious or offensive activity” that could disturb other residents, and another barring any activity that may “materially disturb or destroy” wildlife in the community.

I read the story and it said the monetary relief MAXIMUM award wouldn't exceed $250K, so the headline was misleading. Unfortunately, most folks won't read past the second paragraph to see the details Bill mentioned.

Yet another example of a passing contest- these homeowners seem to think laws apply to everyone except them, while the board seems to be in a "we are the board and therefore we are" mode. I would have sued these people two years ago and maybe this would have been over with.

I really wish the press was required by law to publish the truth.

As my father used to say there are three sides to a story, yours, mine and the truth. The problem lies in finding out what the truth really is - and even then, something may happen yo turn the whole thing on its head.

This is why it's important to get your information from a variety of sources and be willing to dig for the details. Sadly, too many people are lazy and don't have any critical thinking skills.

Yup!
Thad, since it seems you're not impressed with any connective suggestions about HOA life anywhere, why, pray, are you even here? (Other than showing off your skills in posting photos and different fonts in color.....)

By the way, feeding wildlife of any kind isn't recommended for a number of reasons besides the poop. They can turn and attack you, especially if they have young with them, they lose their migratory instincts and hang around all year waiting for a human to feed them, which can lead to them getting eaten by dogs and cats (stray and otherwise) - and a few ducks, geese, possums or whatever can lead to even more critters and soon you have even bigger problems than the poop.

And unless you're following them all day and can testify where ducks take a dump, they're just as capable as geese at pooping on the sidewalks and everywhere else. If YOU don't mind all manner of poo in your yard, do what you lije, but I'm not sure your neighbors will appreciate the noise, smell and other stuff.