HOA sues couple over feeding the ducks in Texas. Lawsuit is seeking up to $250,000
When Kathleen Rowe’s only child died about 10 years ago, she found comfort by feeding ducks.
That source of solace has now gotten her and her husband, George Rowe, sued in the state of Texas.
Their homeowners association is suing for up to $250,000 — and potentially the foreclosure of their home in Cypress to cover any court-ordered fines. The HOA also requests the court order the Rowes to stop feeding wildlife within the community.
In a lawsuit filed in Harris County on June 9, the Lakeland Village Community Association argues the Rowes violate HOA rules by “continually and habitually feeding wildlife in the Community and within the Common area.”
“Specifically,” the lawsuit continues, “defendant, Kathleen A Rowe repeatedly feeds ducks on the common area despite being informed that such activity is prohibited — and despite agreeing to cease such activity.”
The HOA’s legal team cites community rules, which state the following are prohibited:
Activities that emit foul odors or disturbing noise that may “disturb the peace”
Hobbies that cause unclean conditions
“Noxious or offensive activity” that causes embarrassment or annoyance
Activities that disturb wildlife and vegetation
“Lakeland Village Community Association’s lawsuit against Ms. Rowe is the silliest lawsuit I have ever seen,” attorney Richard Weaver said in emailed comments to McClatchy News. “The HOA sued my client for up to $250,000 for feeding ducks, but there is nothing in the community rules that would prohibit a person from feeding ducks.
“The HOA’s lawsuit essentially claims that feeding ducks is either ‘noxious or offensive,’” he continued. “This is incredible.”
Lakeland Village Community Association’s attorney did not respond to a request for comment from McClatchy News.
Kathleen Rowe, 65, told the Houston Chronicle she and her husband have decided to sell their home. Records show their home was listed July 5 for $455,000, but it has since seen a $15,000 price cut.
“We didn’t have the $250,000, so we have to be prepared in case that’s what it’s going to cost,” she told the newspaper.
But the Rowes’ attorney does not believe they will be held responsible for any amount to the HOA.
“In this case, my clients are not in violation of any HOA rules and they are not responsible for fines associated with feeding ducks,” he said. “Therefore, foreclosure would be improper.”
In court records filed July 5, Weaver said the Rowes deny “each and every” allegation in the lawsuit. He requested the court dismiss the lawsuit with prejudice and award the Rowes related damages and fees.
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