Is the HOA responsible for groundhogs?

very intriguing question.

If the beasts are a recognized pest, then I believe those responsible for the common area should remove them from the common area. If the HOA was harboring cockroaches, for example, they should do something about it. Or allowed Russian Thistle to grow and seed. Or had a pile of wood with termites present.

If the beasts are just a nuisance, then I think the homeowners should simply take care of their own problems. For instance, if the common area had trees with locusts, and I hated locusts, I don't think the HOA should poison the trees, just because of that. Locusts are not vermin, legally recognized as pests, etc..

So, are groundhogs legally considered pests in PA? Are they regulated like a noxious pest or weed? Then the HOA has a responsibility to control them, and not allow them to breed and spread. Are they just nuisances? Would the HOA consider trapping or poisoning squirrels, for example, or blackbirds that lived in common area trees? Is there a common sense standard that isn't being followed (for instance, in Arizona, it is common sense (and perhaps statute in some cities) to clean up all dropped citrus fruit, to lower the food supply and prevent roof rat infestations). Is there some general rule of common sense about groundhogs in PA that isn't being followed?

In general, I lean towards "the homeowner is responsible for policing their yard, it's their responsibility", and not pushing the burden onto the HOA common element. After all, what's next? Crickets coming over from the rocks? Spiders? Mice?

But, I could be swayed by a good argument.

As it is unlikely that your CC&Rs address groundhogs this is a matter for the board to vote on. Ideally the board should seek community input first.

I think they could probably go either way. If the problem is across the association there may well be economies of scale. If it only affects specific properties it may be best left to individual homeowners.

I think that if the offending groundhogs are on the homeowners' property, they should be responsible. If the offending groundhogs are located on common property, it should be determined by the board whether or not the groundhogs are a high-priorty issue and should deal with it accordingly through a vote - maybe a vote by the membership if necessary.

Yes, groundhogs are cute, but like rabbits they are very destructive.

Groundhogs need to be controlled. The natural way is probably not available to you (snakes, coyotes, foxes, bobcats and hawks) and I don't see that you'll win many hearts by introducing snakes or foxes to the grounds.

What you might have to do is agree upon the manner in which the animals are controlled and see what your city/state allows. You'd want to be careful that the dogs and cats owned by residents aren't also poisoned or trapped.

Groundhogs can also bring diseases such as Lyme, spotted mountain and typhus.

Yes, get rid of them. They are a responsibility of the HOA, but they don't see common area boundaries so a discussion about an agreeable/legal way to control should be in order ASAP and possibly be extended to help those with the problem in their private areas as well (as in possible discount from the exterminator service to include non-common areas).

The HOA should have taken care of this from Day 1. When the first resident/guest/child puts his/her foot in a groundhog hole in the common area and ends up in a cast, the HOA will be responsible for medical costs plus whatever other costs the court may impose.

The fact that it has gone on for over a year confirms the HOA's failure to maintain a "safe" environment. You also need to get rid of the groundhogs on individual lots since they would not be there if the HOA had taken care of the problem earlier.

Farmers/ranchers hire people who "hunt" groundhogs on their property since they lose cattle to broken legs from groundhog holes. Also, when a groundhog hole (den) is empty new residents move in (skunks, snakes, rats).

Best way to get rid of ground hogs:

WOODCHUCK (GROUNDHOG) STEW

1 woodchuck
2 onions, sliced
1/2 cup celery, sliced
Flour
Vinegar and water
Salt and pepper
Cloves

Clean woodchuck; remove glands; cut into serving pieces. Soak overnight in a solution of equal parts of water and vinegar with addition of one sliced onion and a little salt. Drain, wash, and wipe. Parboil 20 minutes, drain, and cover with fresh boiling water. Add one sliced onion, celery, a few cloves, and salt and pepper to taste. Cook until tender; thicken gravy with flour.

Unfortunately when it comes to an HOA's liability for accidents that occur on common element, logic does not always apply.

Point in case:

-Homeowner's mother visiting from out of town walked outside in the dark and tripped on a paver around homeowner's unit, that was installed by homeowner, resulting in a broken wrist and other associated costs.

-Homeowner's mother sued hoa, because the paver was on the common element.

-HOA claimed that since the paver was installed on common element without permission and was installed improperly it was not their responsibility.

-HOA's insurance carrier settled claim after determining that regardless of who installed the paver it was on the common element and therefore their responsibility.

-That $40K settlement showed up in a huge increase in the hoa's insurance premium.

So, if it was me I would rectify your groundhog situation quick... This does not even mention the potential damage to common element from these little critters.

the more i read this post and the responses, the more I am struck by how diverse HOA's can truly be... And how different our individual paradigms are.

I imagine every poster here has a different picture in their mind of what this "common area" looks like, and how close the next property is, and how the ground hog holes look, based on their experiences. And yet, we really don't know, when we answer, how close to reality that vision is.

I would love to take a show of hands: How many think this common area is lot sized, green, with big mounds of dirt from the little varmints digging it up? How many think it's an acre or so park, with green grass? with dirt and rock? with cactus or creosote shrubs?

How many groundhogs are there in your picture? 1, 2, 10, 100?

The HOA where I live now, my answer would be "deal with the critters on your property, if it bothers you", you can use my shotgun if you want... But, our properties are 2 to 5 acres of desert scrub, and it wouldn't matter if the 5 acres of common area had Zero groundhogs, they could still be on your property, or your neighbors. Heck, it would be hard to say whether you gave the HOA cooties, or the HOA gave you cooties, or you and your neighbors gave them to each other.... Also, in my HOA, there's no practical way to exterminate them anyway, so, what can you do?

However, in a city HOA, the situation would be totally different. I could see the options to exterminate being more successful. I could see the damage potential being greater. I could see it being easier to determine the loci of origination.

It's just interesting to me that the advice we offer can be so different, because our paradigms are so different, and we too often fail to see that in our answers.

The associations I use to manage for were all fairly high density. The one I mentioned in my example was 137 units set on approximately 10ac. So, the common element was comprised of tight green spaces and some patches of trees.

This topic deserves a bump today of all days.

The HOA should control groundhogs in common areas if they are a nuisance but would not be responsible to "Letting" groundhogs affect private lots. Many residents, in the name of wildlife preservation, will oppose trapping or wildlife control measures but the HOA faces property management demands, including preventing destruction.

In our state, an equivalent issue involves beavers and muskrats.

10 year old post.