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SteveS8 (New York)
Posts: 128
Posted:
We are a condo community. One of our buildings, which houses 15 apartments, has an infestation of carpet beetles.

10 days ago one apartment called in an exterminator who found them. Since then, other residents have done the same and now with 6 apartments checked - all on different floors and sides of the building - all 6 are infested. The other apartments are being checked tomorrow. The inspections are free but the exterminator recommended by management is charging $2,500 to exterminate.

The residents' contention is that the bugs have to get from apartment to apartment through common areas (through walls, hallways, garage, etc.) which is an HOA responsibility, but management claims the exterminator checked the common areas (although they have not supplied proof of same) and they found nothing.

Who is responsible when such a situation takes place? If the entire building is affected, the cost to exterminate just the apartments in the building would be about $35,000, and it appears as if the HOA is perfectly willing to let the residents pay.

Steve
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It depends on how your HOA membership wants to pay for it. A HOA is ONLY funded by it's members for it's members. The decision comes down to: Does everyone want to split the bill for extermination amongst EVERYONE equally or do they want to take the responsibility for it INDIVIDUALLY?.

If the vote is for it to be the HOA as a whole, then may need a special assessment. If the decision is for it to be the individual's responsibility then each person pays their own bill. It doesn't matter the "responsibility" of the infestation. It's nature it happens. It just comes down to how you all decide it should be paid for. Good luck!

Former HOA President
SteveS8 (New York)
Posts: 128
Posted:
Thanks, Melissa.
However, the problem as I see it is the Offering Plan clearly states that the homeowner's responsibility goes up to the walls, ceilings, and floors. If the bugs are going from floor to floor and one side of the building to the other, then they must, somehow, be using conduits which are supposed to be owned and cared for by the HOA.

I can understand if one apartment has an infestation, it would be that homeowner who would pay, but if the common areas are the way in which the bugs spread the infestation, is not the HOA responsible?
Steve
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We did not pay for bug control. We had a termite issue. There were rail road tie retaining walls in the back yard. Which attracted the termites. We had a member who wanted us to take the walls down and replace with concrete. The bug expert said if we did that, then the termites would move to the homes to eat them. So then what? The HOA pays for both the wall replacement and then the treatment of the homes?

It still goes the same way.... It's either the ALL the owners pay or decide it's individuals who pay. Want the HOA to be "responsible" then you ALL pay. Want the owners to be "responsible" the you pay individually... That is your choice.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
I can't answer, but the answer should be in your governing documents or also/even in NY state law.

It is not up to individual owners to figure this out as Melissa suggest. As I recall she only has HOA experience in detached homes. I think CA has some states laws re: bugs/termites in condo buildings, but we haven't has the problem so I haven't looked into it.
JeffT2 (Iowa)
Posts: 880
Posted:
Quote:
Posted By SteveS8 on 12/08/2016 2:29 PM
...if the common areas are the way in which the bugs spread the infestation, is not the HOA responsible?
Steve

I would say no, that is really stretching it to say the association is responsible for the infestation and all extermination. Associations are just not responsible for everything that comes through the common areas. I can't see that the the duties of the association include that kind of protection/responsibility.

Now if there are beetles in the common areas, then the association should treat that area.
SheliaH (Indiana)
Posts: 6,964
Posted:
I agree with Jeff. I can understand something like termites or perhaps raccoons (which could indicate a problem with roofing), but if you're talking about roaches or ants, how do you know the homeowner is or isn't taking steps to reduce the risk of infestation, like tossing out the garbage in a timely manner? What if pests (e.g. bedbugs) hopped onto something belonging to the homeowner and the infestation started that way (in fact, that's how bedbugs travel?)

If homeowners want the association to be responsible, they will have to be willing to pay for it, as Melissa says. Sometimes people think the association has a bottomless pit of money, when everything it pays for comes from - homeowners. These same homeowners then squawk about assessments being "too high."

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimM11
Posts: 354
Posted:
I'd say it depends on how they are getting in. If it's through something that is the HOA's responsibility (and it's possible to fix), then they should pay, but not if it is due to something a homeowner is doing (or is not maintaining that is their responsibility).

Just being expensive is not a valid reason for an HOA to not address its responsibilities. That's what planning and budgeting is for.
MichelleK5 (New York)
Posts: 161
Posted:
When I owned an apartment in NYC, there were no NY regulations that addressed the issue of who is responsible for a bug infestation in a condo.
It may be in your governing docs, or it may not be.

With my apartment, the HOA did pay for an exterminating company to come in once a month and do all the apartments. Reason being is because if one apartment had an infestation, it could quickly
become many more apartments which would lead to complaints and it was something they just didn't want to deal with. But, it also wasn't something that they were required to do through any docs.

If you're in NYC, boards and management companies here do not function like in the rest of the country. Most times if they refuse, it's easier, and cheaper, to just pay and have it done yourself.

Good luck.
KerryL1 (California)
Posts: 14,550
Posted:
Our two urban condo towers have our exterior grounds treated every month for roaches, rats, etc.

But when we have other critters inside our condo units, it's the Owner's responsibility as it's very easy to bring in ants, roaches, flies, mosquitos via other means--open doors onto exterior balconies, cartons from big box stores. etc., etc. We even have tiny flies come up our guest bathtub drain if we forget to run water down it monthly. We have silver fish every so often on the edges of the guest bath floor.

KerryL1 (California)
Posts: 14,550
Posted:
Our two urban condo towers have our exterior grounds treated every month for roaches, rats, etc.

But when we have other critters inside our condo units, it's the Owner's responsibility as it's very easy to bring in ants, roaches, flies, mosquitos via other means--open doors onto exterior balconies, cartons from big box stores. etc., etc. We even have tiny flies come up our guest bathtub drain if we forget to run water down it monthly. We have silver fish every so often on the edges of the guest bath floor.

KonareL (Maryland)
Posts: 5
Posted:
I agree with Jeff.

https://www.konareimmigrationlawyer.com/
DonaldF5 (Arizona)
Posts: 5
Posted:
I think it is up to the HOA association whether they want to help or not. As HOA is an association they would be having their exterminators to remove bugs from the apartment. If they do not have exterminators, they can also look online for exterminators like Exterminator Millford CT(http://www.yalepest.com/milford-pest-exterminators/), Terminix, Bee Exterminator Cheshire CT, etc. available for their help. First, you tell HOA about the problem and let them decide how can they help you in this case.
JenniferG12 (Texas)
Posts: 103
Posted:
Quote:
Posted By MelissaP1 on 12/08/2016 3:15 PM
We did not pay for bug control. We had a termite issue. There were rail road tie retaining walls in the back yard. Which attracted the termites. We had a member who wanted us to take the walls down and replace with concrete. The bug expert said if we did that, then the termites would move to the homes to eat them. So then what? The HOA pays for both the wall replacement and then the treatment of the homes?

It still goes the same way.... It's either the ALL the owners pay or decide it's individuals who pay. Want the HOA to be "responsible" then you ALL pay. Want the owners to be "responsible" the you pay individually... That is your choice.

Do you live in a COA? NO, they are totally different things.

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