Residents keep feeding deer in our HOA. What should the board do?

By OurHOA · General information · Revised October 29, 2026

How an HOA board handles residents feeding deer: state wildlife rules in CO, TX and FL, a no-feeding rule, owner notice wording and the mistakes to skip.

Part of the HOA board handbook: residents and communication.

The short answer

Find out first whether feeding deer is already illegal where you are, because that changes the board's job. In Colorado it is: a Colorado Parks and Wildlife regulation bans feeding big game, deer included, and CPW lists a $100 fine. In Texas and Florida there is no statewide ban on feeding deer that we could find, but some cities have one. Lakeway, Texas makes it a Class C misdemeanor. Where no law covers it, the board needs its own rule, adopted under the rulemaking power in the declaration, plus a notice that explains why and a plan for repeat feeders. Most of the feeding happens on private lots, a corn pile in a backyard or a bucket by the garage, so the rule has to reach lots and not only common area. Rules vary by state, by city and by the community's governing documents. This guide is education, not legal advice.

Why the board should care

One owner's corn becomes everyone's problem. The Texas Parks and Wildlife Department's brochure on overabundant urban deer tells homeowners plainly, "Do not feed deer," because extra feed only raises the number of deer in the neighborhood. The same brochure lists what follows: car collisions and swerving drivers, heavy damage to landscaping, bucks that lose their fear of people and turn dangerous in the fall breeding season, and more ticks. The CDC says deer are a key blood source for ticks and help ticks spread to new areas, though the deer themselves do not carry the Lyme bacteria. CPW adds two more. Corn and grain can give deer acidosis, which is often fatal, and crowding at a feed pile spreads disease. Its page also warns that feeding deer in a yard can draw mountain lions into neighborhoods. For the association, that adds up to replanting bills on common area, complaints about torn-up gardens, and a board fielding calls about a buck in the cul-de-sac.

What state law already says

Colorado. CPW regulation #021 in chapter W-0 of the wildlife rules makes it unlawful to put out or scatter grain, hay, minerals, salt or other food to intentionally lure big game. The exceptions are normal farming and ranching, and feeding the CPW director authorizes for damage control, a severe winter or research. A CPW issue paper dated October 31, 2025 proposed changing "intentionally" to "knows or reasonably should know" because intent is hard to prove; check the current regulation before quoting it. Bears are covered separately by C.R.S. 33-6-131. As amended by HB 26-1342, effective August 12, 2026, it makes it a misdemeanor to knowingly leave food or edible waste out where it is reasonably likely to lure a bear, with no required warning first and fines up to $200 for a first offense, $1,000 for a second and $5,000 for a third or later one. Texas. We found no Parks and Wildlife Code section or TPWD rule that bans feeding deer statewide, so look at the city code. Lakeway bans putting corn, pellets, hay, fruit, birdseed or any other edible matter on the ground or within reach of deer, with a fine of $1 to $500; living landscaping is exempt. Florida. FWC rule 68A-4.001 bans feeding sandhill cranes and pelicans and bans leaving food that attracts bears, coyotes, foxes or raccoons. Deer are not on that list. FWC did restrict feeding deer inside its chronic wasting disease management zone in parts of Holmes, Jackson and Washington counties by executive order in 2023.

Write a rule that reaches the lots

Read the declaration first. Look for a nuisance clause, a clause on animals and wildlife, and the board's power to adopt rules. Some boards find the power covers common area only; if so, the nuisance clause may still reach a feeding station on a lot, and an amendment may be the cleaner fix. Follow the notice steps your documents and state law set for new rules; our guide on how to adopt a new HOA rule and notify owners walks through them. Keep the rule short. Wording to adapt: "No owner, resident or guest may place, scatter or leave grain, corn, pellets, salt or mineral blocks, hay, fruit, vegetables, birdseed on the ground, or any other food where it is likely to attract deer, on a lot or on common area. This rule does not restrict landscaping, gardens or fruit trees, or bird feeders hung at least five feet above the ground." The bird feeder carve-out matters. Without it, the rule reads as a ban on bird feeding, the meeting fills up, and the rule dies. Pick a height that fits your deer; five feet is a starting point, not a standard. In Colorado, add a line that the rule is in addition to state wildlife regulations.

Tell owners why before you enforce

Most feeders think they are helping. Lead with the deer, not the fine. A notice paragraph to adapt: "Some residents have been leaving corn and feed out for the deer. We know it comes from a good place, but it hurts the deer and the neighborhood. Wildlife agencies warn that corn can make deer sick, crowding at feed piles spreads disease, and fed deer stop fearing people and cars. More deer also means more ticks and more damage to everyone's landscaping. Starting [date], the association's rule [number] prohibits putting food out for deer on lots and common area. Bird feeders hung at least five feet up are fine." In Colorado, add: "Feeding deer is also illegal under state wildlife rules." Send it by mail or email, post it on the community site, and put it in the welcome packet so new owners hear it before they buy their first sack of corn.

Handle repeat feeders the way you handle any violation

Treat the first report as a courtesy letter, not a fine. Ask the neighbor who complained for a dated photo that shows the food, not just the deer, because deer in a yard prove nothing. Send a friendly letter that quotes the rule and asks the owner to stop within a set time, such as 10 days. If feeding continues, follow the violation notice and hearing steps your state requires before any fine. In Texas, Property Code section 209.006 requires written notice by certified mail and a chance to cure and request a hearing before a fine. In Florida, section 720.305 requires 14 days' notice and a hearing before a committee of owners who are not on the board. In Colorado, section 38-33.3-209.5 requires the association to have a written enforcement policy with notice and hearing procedures and a fine schedule, and the board has to follow it. Where the city or state bans feeding, the board can also give the owner the agency or code enforcement number, but don't promise anyone that a game warden will show up.

Common mistakes

Writing a rule that only covers common area when the corn pile sits in a backyard. Wording the rule so broadly that it bans bird feeders and gardens. Fining before giving the notice and hearing chance state law requires, which hands the owner a defense. Taking a neighbor's word without a photo of the food. Calling the feeders out by name in an open meeting or a community post, which turns a wildlife problem into a feud. Hiring someone to trap or remove deer without checking state law, since deer are game animals and moving or killing them needs agency permission. Treating deer feeding and bear or coyote problems as separate issues; a feed pile draws all of them. If the pond is the problem spot, see our guide on stopping residents from feeding ducks and geese at the HOA pond, and for predators drawn into the neighborhood, our guide on responding to coyote sightings or aggressive wildlife.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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