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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Two neighbors townhouses had a total of three rats. Our association

Resolved Question:

Two neighbor's townhouses had a total of three rats. Our association puts out poison but there are restaurant dumpsters in the alley behind our back yards. There is a group trying to stop my feeding birdseed, which I've done for 16 yrs. Is this legal?
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.
Hi

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

Yes, in short, they may be able to stop you from putting out bird seed on your property. This is through what is called a "nuisance" lawsuit, which in short says you cannot do anything on your property which creates a nuisance on someone else's property. Therefore, if they can show that you putting out birdseed is the cause of attracting rats into the neighborhood, you can be forced to stop doing this. They may also be able to stop you from using birdseed through the the homeowners' association rules. In much the same way as through a "nuisance" cause of action, a homeowners association can levy fines against you for doing anything which violates the HOA rules. You can argue or appeal this at the HOA meetings and bring the issue to a vote. If you are not pleased with the outcome, you can sue the HOA and seek injunctive relief stating that you are allowed to put out birdseed.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


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