I was forced to put my home up for sale after my HOA sued me for $250,000 for feeding ducks – but it’s my neighbors’ fault
HOMEOWNERS have been forced to sell their home after their homeowners association (HOA) sued them.
Kathleen and her husband George Rowe moved into their Texas home almost eleven years ago and now have to sell it.
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After separating from her only child, Kathleen discovered that feeding the ducks in her community had a therapeutic effect.
In April 2022, the couple received notice from the Lakeland Community Homeowners Association to stop feeding ducks.
Kathleen said she tried to comply.
“It took three days, but at the end of the third day there were ducks standing on my doorstep crying, just crying, saying, ‘Why aren’t you feeding us?'” she told a local ABC News Partner.
According to the couple’s attorney, Richard Weaver, the ducks were likely purchased as pets and then released into the wild.
“They’ve never had a mother before…I feel like I’m just stepping in,” Kathleen said Houston Chronicle.
Because she wouldn’t stop feeding them, the HOA filed suit against the couple for $250,000.
The lawsuit alleges that Kathleen’s actions have caused“Imminent harm and irreparable harm to the plaintiff.”
Kathleen had been feeding the ducks for a decade, but new neighbors moved in and started Send letters the complaint to the HOA.
Neighbors of the couple say that the ducks tear up their lawns and leave droppings everywhere.
Weaver was confident he would “kill the HOA.”
“I understand that some people in the neighborhood may want these ducks not to be in their community, but from a human perspective, there are worse things happening in the world,” Weaver said.
But he still found the file ridiculous.
“I am a board-certified real estate attorney and this lawsuit is truly the stupidest lawsuit I have ever seen in my practice,” Weaver said.
Next: “This lawyer has essentially claimed that feeding ducks is either harmful or offensive – I think that’s an incredible statement,” the lawyer said on the matter.
The lawsuit alleges that the couple violated four rules, including that their actions “conflict with the general plan and scheme of the subdivision” and “caused immediate harm and irreparable harm to plaintiff.”
In addition to seeking money, the lawsuit also asks the court to allow the HOA to foreclose on their home if the duck feeding continues.
Texas is a state that gives HOAs the authority to file for foreclosure on a home in their community for a variety of reasons, typically if the owners have defaulted on fees or fines.
Although Weaver was confident the couple would win the lawsuit, Kathleen said she wanted to build the house just in case.
“She decided to get ahead of the HOA by hurrying up and selling her house before anything bad could happen to her,” Weaver explained.
“It hurts, it just hurts, I’ve loved the same ducks for years and if there’s any way I can grab a few of them and take them with me, I will do that,” Kathleen told local news outlet FOX.
It’s unclear what resolution the HOA and the couple reached after the lawsuit.
The Lakeland Community Homeowners Association has not yet responded to The US Sun’s request for comment.