Cypress couple falls afoul
Sued by HOA for feeding the ducks, they now risk losing their house
Along a quiet waterway in the master-planned neighborhood of Bridgeland in Cypress, a family pastime has turned foul.
June 11, retirees George and Kathleen Rowe were sued by their homeowners association for feeding the ducks. The requested relief? A court order never to do it again, in addition to monetary relief, which standard language indicates would not go above $250,000.
If the Rowes are found in violation of Lakeland Village Community Association’s rules and cannot come up with the fees, the association seeks to foreclose on the home.
The high-stakes suit is just the latest battle over how humans should interact with their web-footed neighbors. In Pearland, a war over wartyfaced Muscovy ducks that pooped on porches and tore open trash bags led to opponents attacking the birds with arrows and cars while supporters set out kiddie pools and bird feed. And in Hermann Park, alarms were sounded after a pair of ducks were found mutilated.
“It is a recurring and complex story that so many communities must work through,” said Richard Gibbons of the American Bird Conservancy, a nonprofit with the mission of conserving wild birds.
The problem begins when families buy ducklings — often for Easter — and subsequently “free” them in a nearby body of water when caring for the growing birds becomes more work than they can handle (this, Gibbons says, has happened in his own neighborhood). But the problem is, domestic ducks have never learned how to survive in the wild, and they begin begging people for food.
Those who welcome the appeal to connect with nature often make the mistake of giving the birds bread, which Gibbons said lacks proper nutrition and can lead to deformed wings. But no matter what they feed the ducks, the birds learn to stick around, sowing discord. There are those who love giving out meals and
those who resent what those meals become post-digestion. What’s more, many rankle at the way ducks supplement their free lunches by rooting around landscaped yards.
The lawsuit against the Rowes accuses the couple of breaking neighborhood rules known as deed restrictions, including rules against activities that create untidy conditions, cause neighbors annoyance or disturb vegetation or wildlife.
“The violations are detrimental to the Subdivision ... causing imminent harm and irreparable injury,” the lawsuit reads. The association, its lawyer, and The Woodlands-based developer of Bridgeland did not respond to requests for comment.
Whether or not the lawsuit succeeds, the results are already tangible. The Rowes have put their home up for sale.
“We didn’t have the $250,000, so we have to be prepared in case that’s what it’s going to cost,”
Kathleen Rowe said.
The fight leading to the lawsuit has been brewing for years. The Rowes bought the home more than a decade ago, after the death of their adult daughter. The bungalow appealed to them in part because its porch faced a waterway filled with ducks, which the couple took to watching from rocking chairs for hours as they nursed cups of coffee.
When Kathleen Rowe, now 65, saw large, domesticatedlooking fowl among the native black-bellied whistling ducks, she immediately knew what had likely happened. She imagined the ducks growing up in an incubator and sold from a farm store before getting dumped in the wild without the skills needed to navigate their new environment.
“They’ve never had a mother,” she said. “I feel like I’m just stepping in.”
She said it was two years before the homeowners association began to complain, and they’ve been at it ever since, with neighbors saying the birds leave feces on the grass and sidewalks and tear up gardens with their beaks.
It’s a predictable dynamic, said Gibbons, the conservationist. His advice? Don’t buy, then abandon ducklings, and don’t feed the ducks that are already there.
Early Friday morning, a for sale sign waved in the breeze in front of the Rowe’s home. Three ducks crossed the street separating the bungalow from the water and peered at the couple’s porch, extending their necks to see over the rose bushes planted along the foundation. Seeing no one there, they waddled back toward the creek.
Then Kathleen Rowe burst out the front door. Wearing a dress that proclaimed “Life is a hoot” and carrying a small pail of corn, she spotted her ducks — three hefty brown birds following a large white duck she’d named Tangled (she’d once unsnarled the bird from a length of wire).
“Stop, stop!” she called out as they saw her and began crossing the street. “I’ll come over to you! You’re hungry, I know.”
Bright kernels of corn flashed through the air, and the four ducks fell to pecking at the ground. After their meal, they sailed off into the water. The native ducks, who had stood at the edge as the larger ones fed, crowded in, looking for stray bits. Kathleen Rowe walked back to the porch, where her husband, who has difficulty walking, watched from his rocking chair.
“I’m going to miss them terribly,” she said sadly.
“I’m going to more than miss them terribly,” George Rowe responded.
Across the creek, Matt Hill was leafblowing in front of his house. He said he didn’t agree with the family being sued, but did agree that the feeding was creating a nuisance.
“They’re tearing up everybody’s yard,” he said.