HOAs Strike Again

(Though I do think the comment that the woman feeding the ducks has caused the Plantiff "imminent harm and irreparable injury" quite the reach. It sounds absurd.)
Yeah when I was reading that I was thinking probably legalese talk for basically it's not helping the neighborhood either in image or livelihood for those who live there or those who want to live there. Obviously more amped up for legal talk although to us probably sounds over the top.
 
Weirdly, I don't know of anyone who has a time machine to go back and do something like that. All we can do is try to address issues going forward if they cause problems. And I think on this particular topic, attitudes are changing as the knowledge of the negative impacts of feeding wildlife become better known to more people.

I also think "This is how it has been for years" is often the argument of last resort for people who can't defend their behavior on its own merits or refute the factual arguments made against it. A community near me banned the spraying of herbicides in canals to keep aquatic weeds down and that was basically the only argument anyone could mount against the ban. They couldn't argue that the chemicals are harmless, only that they can't possibly be bad enough to justify a ban or something would have been done years ago.

Well, if the HOA was doing this to protect the ducks, maybe, but they're not. They don't care about the health of the ducks, they care about being annoyed by ducks hanging around. Personally, I like ducks.
 
Well, if the HOA was doing this to protect the ducks, maybe, but they're not. They don't care about the health of the ducks, they care about being annoyed by ducks hanging around. Personally, I like ducks.
The woman doesn't care about the ducks either. The woman is in control of her own behavior and instead of actually doing something for the ducks she's doing it for herself. What the PP was mentioning, as did I in my comment is it's not in the ducks best interest to continue to be fed and interacted with. It can lead to malnutrition, abnormal behaviors due to constant contact with humans, more and more come around it just spirals.

I don't think the woman is willing to realize that her behavior is quite selfish, she's trying to ease her pain of years ago, in the worst of ways. Her time would have been better spent getting the ducks expert help if she felt they had been dumped and by this point she wouldn't know which started as pets and which ones were just wild attracted to being fed.

Reminds me of a local story from a few days ago, a homeowner had 2 rabbits and without understanding how it was to own and responsibly breed them in just over 2 1/2 years there's over 100 yup you read that right over 100 rabbits. 50 females were spayed once a rescue group was notified. People sometimes have the best intentions at heart but go terribly wrong in their thinking about it and animals don't get a say unfortunately.
 
Well, if the HOA was doing this to protect the ducks, maybe, but they're not. They don't care about the health of the ducks, they care about being annoyed by ducks hanging around. Personally, I like ducks.
They poop a lot
 

I am reminded of a coworker who lived in a condo for a number of years. She always put a bird feeder on her window. After years of doing this, she one day got a letter from the condo association telling her it was against policy. She thought it was silly but she did what they said.

Also on the topic of feeding wild animals, I was camping with friends recently. Several raccoons came boldly onto the deck of the yurt where we were staying while we sat right there. They had no fear of us. One of my friends starts throwing hot dogs over the railing. I asked if she was crazy! Didn't she realize that was why they became a nuisance? The yurts are brand new. It won’t be long before the animals destroy them. Another friend regularly puts food out, along with a game camera to watch the wild animals come up her yard and eat. She lives in a city. She attracts raccoons, squirrels, and possums. I can only imagine how mad her neighbors get at her for attracting these animals. She says “this is their home”. That may be true but they need to find their own food. These are otherwise intelligent people. I just don’t get it.
 
HOAs exist because home owners have elected to have a set of rules that determine what can be on the property. HOAs are only as powerful as the homeowners want them to be. If you don't like the rules, either fight to change them, or don't move into the property. In my mind it's like suing Disney because they won't let me wear my Jiminy Cricket costume into the park.
This is true. We technically have an HOA but the rules are pretty simple. Like lots cannot be subdivided down smaller than 5 acres, no mobile homes and no industrial type farming. You can have cattle or whatever for personal use. And it exists to pay road fees bc it's on a private road. This used to be a 250 acre farm that was subdivided into lots of 7-13 acres. Nothing at all is enforced tho bc no one wants to pay extra $ to enforce things. One couple bought a lot and lived in a camper for 2 years even tho thats expressly against the covenants. The HOA did nothing bc to enforce it would cost $. We didn't mind the rules here because they are pretty simple, but I'd never by a home with an HOA that said what color your house could be, what type of fencing etc.
 
I ocassionally toss old bread out to the birds - I'm such a monster that I guess I should lose my house over it. :confused3
I used to when I was a kid. But that's been advised for quite some time not to do that. It's not nutritional, it fills them up causing them not to seek out nutritional food. It's not the worst of the worst things to do but if the ducks can't/don't/aren't getting better quality food they can end up malnourished. A monster no, but I suspect you knew you're not a monster. It's just not something you think is the biggest deal. But when we continuously feed them stuff like this they don't get the better diet and they become reliant on us doing it. You may occasionally do it and then so and so does the same and well there's no way to know just how much they have been fed. Like I said I used to do this a lot as a kid, it was just what we did back then as an activity with my dad.

These are some alternatives I found that appear to be good to go:
  • Halved grapes (be sure to cut them in half to prevent choking)
  • Cracked corn
  • Thawed frozen peas
  • Barley
  • Oats
  • Birdseed
  • Duck pellets
 
My brother and I live in the same town. His neighborhood has an HOA with rules that are enforced. There is no HOA in my neighborhood. There were a few things my brother received warnings (or reminders) about the first year or two that he lived there. My initial thoughts were there was no way I could live in a neighborhood with an HOA. Ten years later, his neighborhood still has well maintained lawns, no vehicles on the streets, no junk in the yards, etc. My neighborhood, on the other hand, has gone downhill. My neighbors behind me and to one side of me have junk all over their backyards. The one on the side has so many overgrown trees and bushes bordering our property that it has affected our space. A neighbor across the street is a family of four, but they have about eight vehicles. Three of which are in their backyard. He also participates in mud racing, so many Saturday’s we have the pleasure of listening to him work on his mud truck and it is LOUD. Three neighbors have dogs that are confined to the backyards with little to no human interaction, so they do the boredom barking for hours on end. The neighbors behind me don’t clean up after their dogs, so the stench can be bad. They also have four apple trees they do nothing with, so every fall, the apples drop, then sit and rot. The stench from that gets overwhelming. Honestly, I could keep going, but I hope you get my point. If we had an active HOA, none of those things would be tolerated. I would happily make a few adjustments to our day to day living if I had an HOA that would prevent the aforementioned issues from happening. Like others have said, if you strongly oppose living under the rules of an HOA, don’t choose a house in that neighborhood.
 
I was very much anti-HOA...that is until my neighbor decided to build a wall down our shared driveway to keep us from using it. This was before COVID and it still isn't settled. You bet I would have liked the protection from an HOA the last coupe of years.
 
A good HOA can be a true benefit. Case in point, we bought a beach house in a town home community. This community was affected by a hurricane a few years ago. Due to being fiscally conservative, the HOA had money to make repairs to the community property damaged by the storm surge and negotiated a better pricing for one company to come and replace all of the roofs as each unit is privately owned and maintained. There is a architectural review group who is responsible for looking at all new construction and giving final approval so that there is a general continuity between the units. It also provides block pricing for things like internet and cable should the homeowners choose to participate.

But, I've also seen HOAs that don't allow any type of fruit or vegetable gardening, even in containers on decks so they can absolutely go overboard.

As for this lady, ducks and geese are pretty messy creatures, can be aggressive and I wouldn't want to live near a lake where someone was feeding them and encouraging them the become less circumspect around people.
 
We specifically crossed off all houses in HOA communities when we were house hunting. Even if we agreed with all the rules at the time, what’s to say there wouldn’t be a new rule created that we would hate?

Should this person be feeding the ducks? Probably not. (I am curious what she’s feeding them.) I have a feeling this has been going on for longer than the articles claim and the neighbors are fed up.
 
While this does seem to be a rather major escalation, if the woman is adamant that she won't stop and the other neighbors around her do not want the ducks setting up permanently there, what else is the HOA to do?

The HOA should mind its own business and not impinge on other's freedom.
 
I lived in an HOA where they would send you a threat letter if they found one weed in your grass or there happened to be pollen on your mailbox. Two old women would walk down the street with clipboards twice a week and write things down that they didn't like. Never again, screw HOA's.
 
I was very much anti-HOA...that is until my neighbor decided to build a wall down our shared driveway to keep us from using it. This was before COVID and it still isn't settled. You bet I would have liked the protection from an HOA the last coupe of years.

If your neighbor was buddy buddy with the members of the HOA boards it wouldn't have helped you at all.
 
Maybe the woman should countersue the HOA for causing bad press which will depress housing prices in this neighborhood.
 
Look, ALL that I'm saying is that I don't think that the crime of feeding a wild animal should be losing one's house. It's just not worth all that no matter what!
 
How can the HOA foreclose? Do they own the property?
It depends on laws of one's area.

For ours they can fine you, failure to pay fines and they can choose to put a lien on your property. Generally it's going to be a repeat offender or a large fine or a large monetary amount of the issue for something to be done on the HOA's side but that's just speaking generally. A foreclosure is likely a last step because let's be real it's a big hassle.
 
Look, ALL that I'm saying is that I don't think that the crime of feeding a wild animal should be losing one's house. It's just not worth all that no matter what!
You can look at it both ways but for you you're only looking at it on her side. If it's not worth it why didn't she stop when told, when warned more than once? And if it's not worth it why is she saying if she stays she'll continue to do so? Obviously to her it's a big enough issue to her to continue to do so to just do whatever the heck she wants.

She's better off championing the issue instead of flagrantly going against it.

But realistically it's not about feeding ducks, it could be her doing whatever she wants, insert something else in the name of her grieving. I can see where her intentions are but they stopping being that when she decided to do whatever she wanted. It's not even about an HOA here, she could get into legal trouble if there's any ordinance or law on the books. I suppose jail time or a large fine or probation is worth it? It's not losing your house I guess...

Agree to disagree :)
 


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