There are several issues to this situation:

1. Who owns the swans? Did the development purchase the swans and are they sanctioning the smashing as a means of numbers control?

2. Are the swans wild or captive?

3.Are the swans Mute Swans (orange billed) or Tundra Swans (black billed with yellow spot between bill and eye? If so, Tundras may be more protected.

4. Mallards and other waterfowl are considered wildlife so he may be breaking wildlife laws. You need to check with management as well as your local wildlife officials. If you and your neighbors belong to the Homeowners Association, then you can voice your opinions against the practice. The major issue is what you are going to do with all of the offspring when the habitat becomes overrun. You may need a state breeder's license if the swans are allowed to produce. This is usually dictated by wildlife laws and does not concern wild waterfowl.

5. When is the smashing occurring, state and local cruelty to animal laws may pertain based upon age of eggs, (how long have they been incubating vs when they were layed? ).

Again, you need to check with the HOA's management and state officials to determine if his actions are legal.

We hope this information is of benefit. The Regal Swan