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DonnaR5
Posts: 162
Posted:
Yesterday evening, I heard a sudden screaming and dog howling outside and I went out to see what was happening. Across the street, a hornet's nest had fallen from a tree and was lying on the ground and the hornets had attacked and stung a woman and her dog walking past. The nest was about 5' feet away from the sidewalk.

After talking with the woman, who had been stung multiple times, I went back inside and called our management company. After talking to their answering service and getting two call backs, I was told by an on-call employee that bees were not an emergency and they would not deal with it until business hours next day. This was a canned response framed as their policy without taking into consideration any danger to passersby in the meantime.

What I was asking for was a service call to a pest company immediately.

I am not happy with this response, to put it mildly. What are your thoughts? I am the board president and it seems to me that the board is the body to be making judgment on a safety issue for us.

(Not to mention that for the pest control people, if you can get one to come after hours, removing a hornet's nest is a lot easier after dark when the insects are quiet. No one's going to climb a tree in the dark, but this was simply picking up a nest from the ground, bagging it, and getting rid of it.)

However, please tell me your opinions on this. What is a reasonable expectation here?
GwenG (Florida)
Posts: 669
Posted:
It is not reasonable for the MC to ignore a known and demonstrated danger to people. A hornet's nest is a property nuisance and health hazard to persons sensitive to insect venom. People who are stung can suffer unexpected life-threatening reactions. This was a known and reported hazard which occurred on common property (?). (I assume that 5' from sidewalk is on easement common property, but that is not clear from your post. In any case, the risk of injury is on common property even if it originated on private property.)

The best response would have been to barrier off the area to keep people away as a preventative action and to call Pest Control immediately to remove the threat.

Very poor judgement by your MC. They should have least sent someone to assess the risk and prevent injury to passersby.

The next best thing is self-help. In the absence of any response from MC, I would have reported to Animal Control and hoped for some remedy from your municipality to contain the problem until removal could be arranged.
DonnaR5
Posts: 162
Posted:
Yes, on common property.

Calling the county animal control didn't occur to me; I wish it had. They can respond quickly. Not sure if they would have responded to this, but they might have.
AugustinD
Posts: 5,144
Posted:
Donna, I agree with Gwen and you both. When contract renewal time comes, consider a re-write of the management company's contract or shopping around.
RogerB (Colorado)
Posts: 5,067
Posted:
Donna,
Who owns the property where the nornet net is located? If it is on a Common Area owned by the HOA then is it part of the management agreement? If it is covered by the management agreement then how soon could they get a pest control company to respond?

Lots of questions about who the responsible parties are. First, the wowman who was stung can get medical assistance if necessary. Then the HOA Board should have get the managing agent to remove all of the hornet nests from all Common Areas.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By DonnaR5 on 07/27/2017 8:18 AM

Calling the county animal control didn't occur to me; I wish it had. They can respond quickly. Not sure if they would have responded to this, but they might have.

In my county animal control is a 9-5 thing, and I extremely doubt that they'd come out for a hornet nest on private property, they'd say to call a pest control company.

Escaped former treasurer and director of a self managed association.
TimM11
Posts: 354
Posted:
The MC should have seen if it was possible to get a pest control service (or animal control, if they would handle that) out there that night, and ASAP if not.
DonnaR5
Posts: 162
Posted:
I don't think it would be possible or necessary to remove all hornet nests. They build their nests high in trees and don't bother anyone. Generally you don't even see the nests until winter when the leaves come down. By then they're dead, and the nests aren't re-used.

In this rare case, however, the branch that the nest was built around broke and it fell to the ground. Surprisingly, the hornets didn't abandon the nest as one would assume.

It was on common property. As to the management contract, it is their responsibility, that was not in dispute. I was pissed by the cavalier attitude of not trying to address it last night. It posed a danger. In the time the on-call employee spent talking to me and reiterating that their policy was "bees are not an emergency" they could have actually been calling the pest control company and getting someone ASAP. I'm no end of disgusted.

Unlike honeybees, hornets can sting repeatedly. You can get a lot of stings from just a few insects.

JimC23 (Nevada)
Posts: 13
Posted:
Newbie here, but is there any reason why a Board president, with consent of a majority of BOD members, could not just call a pest control company herself/himself? Sure the management companies usually like to be involved so they can track activities and spending, but I don't recall anything in the contract with our management company that prohibits the Board from taking a reasonable response to something they consider an emergency. Example: As a board member, I just made large copies today from pdf's of our development's engineering drawings of the infrastructure, with the consent of a majority of the BOD and with an expectation that I'll get reimbursed. I know our management company can't do this - they would simply send the pdf's to a print shop, send the results to me and then bill the HOA appropriately.

I do agree that I have concerns about Donna's MC and would be shopping around when the time comes.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By JimC23 on 07/27/2017 4:45 PM
Newbie here, but is there any reason why a Board president, with consent of a majority of BOD members, could not just call a pest control company herself/himself? Sure the management companies usually like to be involved so they can track activities and spending, but I don't recall anything in the contract with our management company that prohibits the Board from taking a reasonable response to something they consider an emergency. Example: As a board member, I just made large copies today from pdf's of our development's engineering drawings of the infrastructure, with the consent of a majority of the BOD and with an expectation that I'll get reimbursed. I know our management company can't do this - they would simply send the pdf's to a print shop, send the results to me and then bill the HOA appropriately.

I do agree that I have concerns about Donna's MC and would be shopping around when the time comes.

Reasonable to some people is really unreasonable to others. Even if the majority of Board members agreed to this, there's always someone who will object and yell about board members making decisions behind people's backs - even though this type of thing is usually rare and appropriate for emergency situations like this.That said, the management company does work for the association, not the other way around, so the board can set up whatever policy it wants regarding emergencies.

Personally, I like to see the management company involved because they are responsible for the day to day. In this case, it might help to establish some guidelines as to what is truly an emergency vs. something that probably can wait until the next day (extreme danger to health or safety is a start). That would include designating who is to make those arrangements instead of having every board member jumping in - the president is perfect for such circumstances, or the vice president, if he/she isn't available.

I also agree that this employee didn't handle the situation in a customer friendly manner. Bee and wasp stings can seriously injure or kill if the person is allergic - and sometimes, they don't know that until the worse happens. But is that enough to toss the entire company? I would say no, unless this is another example of the company's piss poor service. Why not let the company president know in no uncertain terms (in writing) how the board feels about this incident and request that this person not do anything related to our HOA ever again (how the company handles that is their business).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
I remember when I started in this business in 2011, once I was hired I was given a list of 20 properties and told "let us know if you need anything", while they were laughing their asses off walking down the hallway.

If you want to be successful in this business you learn fast what is needed to be the best. That means attending a lot of seminars, trade shows, etc. Not every management company has HOA software, many farm their financials out and you are left with a lousy excel spreadsheet that is quite outdated. In 2011, that could have me, maybe a little more sympathetic, but properly not with the right solution, especially if they weren't using a pest control company in the first place.
JanetB2 (Colorado)
Posts: 4,219
Posted:
YOU are the BOD President ... keep in mind the Management Company is and employee of the BOD. However, as the President you potentially could have called an "emergency" meeting of the other BOD members and yourselves then called a "Pest Control Company" to address the situation. The buck does not start and stop with a Management Company ... it starts and stops with the Board!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JanetB2 on 07/27/2017 7:50 PM
YOU are the BOD President ... keep in mind the Management Company is and employee of the BOD. However, as the President you potentially could have called an "emergency" meeting of the other BOD members and yourselves then called a "Pest Control Company" to address the situation. The buck does not start and stop with a Management Company ... it starts and stops with the Board!

I agree.
DonnaR5
Posts: 162
Posted:
Hi Jim and others,

Actually, I did not include this information, but after getting no help from the management company I did call about 7 or 8 pest control companies. However, what I found is, if you call after hours you get a recording that immediately separates those calls from people with contracts and those without. If you have no contract with them, you will get a call back in the morning. Presumably, those who do have contracts will get a quicker response.

So, to sum up, I was unable to get any pest control company that could help. The management company, who I assume DOES have a contract, would have been able to at least try to get action before 9 AM the next day.
GeorgeR8 (Arizona)
Posts: 182
Posted:
I would have told the management company to call pest control. I would not have asked then to.

Time to change companies.
SheliaH (Indiana)
Posts: 6,964
Posted:
Never assume anything - since this incident have you ASKED if they have a contract with any pest control company? If not, that explains why they didn't react as quickly (although that doesn't excuse the representative's attitude).

This may be a good time to talk with the company about how it generally handles emergencies - perhaps you may need to have a set of contractors you or they can contact. Since pest control appears to be the issue here, maybe your association should consider some type of service contract to deal with the wasps or anything else with wings and a stinger (or fur and fangs, or....) Then, you can set some guidelines on what constitutes an emergency and how it will be handled. If you stay with this company, make sure you get the specifics in writing so there's no confusion.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By DonnaR5 on 07/28/2017 6:37 AM
The management company, who I assume DOES have a contract, would have been able to at least try to get action before 9 AM the next day.

The management company wouldn't have a contract, the association would.
DonnaR5
Posts: 162
Posted:
Thank you, those are good points.

Would any pest control company have a contract that is only for infrequent, unforeseen events? I would guess not. I imagine they would have contracts for continuing work, monthly tasks, etc. For something like this we are likely to be out of luck and would have to rely on hiring a company for a single visit -- no chance for after hours work.
JanetB2 (Colorado)
Posts: 4,219
Posted:
I would have in meantime come out with my wasp / hornet spray and taken care of the issue myself ... LOL less that $5 a can and sometimes can get on sale for $1.99. This issue is making a mountain out of a mole hill.

I agree with Richard in that the Association has the contract NOT the management company. You need to just have a list of all your contracts and the contacts for future needs.

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