Retired Texas Couple Could Lose Home After Facing a HOA Lawsuit for Feeding Ducks
A retired Texas couple is currently facing an HOA lawsuit, which could possibly lead to them being homeless. Their violation: feeding ducks.
Business Insider reported that the Homeowners Association's lawsuit noted that the Texas couple infringed rules restricting activity that creates "unclean" conditions.
Kathleen Rowe told the media outlet that the HOA told her the "ducks don't belong here," to which she replied, "I can't live with that."
George and Kathleen face a $250,000 lawsuit after the neighbors complained that the ducks were destroying their gardens and defecating their property. The Lakeland Community HOA filed the lawsuit, wherein they claimed that the Rowes broke community rules and engaged in activities that caused "nuisance" in common areas. It added that it could "disturb or destroy vegetation, wildlife, wetlands, or air quality."
The HOA lawsuit seeks a judicial order that mandates the Rowes to stop feeding the ducks.
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Lawsuit Against the Retired Texas Couple
The lawsuit specifically cited Kathleen, who repeatedly feeds ducks in the common area "despite being informed that such activity is prohibited," according to a People report. The association also seeks authorization to foreclose the defendants' property if they fail to pay the fees.
However, the Texas couple has reportedly rejected the allegations against them. Kathleen said that she believes that ducks were "dumped" in the area without possessing the needed skills to survive in the wilderness. She noted that the ducks "never have a mother," adding that she felt like she was just "stepping in."
Richard Weaver, an attorney representing Kathleen Rowe, said in an Insider report that this was the "silliest lawsuit" he had ever seen. Weaver noted that feeding ducks did not create a disturbance in the neighborhood. He also said that the Rowes plan to sell their home and move.
The Rowes lawyer said it is "sad" to see the association waste its money to pick on his client.
Retired Texas Couple Feeding Ducks
The Rowes bought the home more than a decade ago after the death of their adult daughter.
Kathleen said in a Houston Chronicle report that it was two years before the homeowners association started to complain.
Another resident, Matt Hill, said he did not agree with the family being sued. However, he did agree that the feeding of ducks was creating a nuisance. He noted that the ducks were tearing up everybody's yards.
Richard Gibbons of the American Bird Conservancy said that it is a recurring and "complex story" that many communities must work through.
Gibbons said that the problem starts when families buy ducklings, often for Easter, and free them in a nearby body of water when caring for the growing birds becomes tiring.
He noted that the same situation has happened in his own neighborhood.
However, Gibbons said that the problem is that domestic ducks have never learned how to survive in the wild, which would prompt them to start begging people for food.
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This article is owned by Latin Post.
Written by: Mary Webber
WATCH: Elderly Texas couple sued by HOA for feeding neighborhood ducks - from FOX 7 Austin