Why is my HOA demanding that I authorize the pest control company to enter my unit?

Started by CyrusM • 17 replies • 958 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

CyrusM (California)
Posts: 6

Posted:

My HOA has scheduled a termite treatment for my building in June. I have no objection to that. To conduct the treatment, the pest control company needs to enter my unit. I have no objection to that either.

My HOA has informed me that I must send a letter to the pest control company authorizing them to enter my unit, and they have informed me that if I fail to do so, I will be subject to penalties. This bothers me a lot.

The way I see it, if the HOA has the authority to allow a contractor to enter my unit for pest control, then it shouldn't need a letter from me. If it does not have that authority, then it must ask me for permission to enter my unit, and be willing to accept no for an answer, as opposed to demanding assent under the threat of penalty.

Thus, it seems to me that the demand for a letter is either unnecessary or fraudulently coercive. I don't mind if someone enters my unit, but I do mind when the HOA wastes my time or attempts to coerce me.

I'm inclined to confront the board on this, but I figured I would run it by the forum first to see what others think. Does anyone have any experience with this type of situation?

GenoS (Florida)
Posts: 4,276

Posted:

Could be the company wants explicit permission from the owner. No one wants to be greeted by hostile action. Sure, the HOA has permission to enter the unit per the CC&Rs. My HOA's CC&Rs say this, too. Many attorneys strongly suggest that an association NOT exercise that power. The termite company's request sounds entirely reasonable to me.

CyrusM (California)
Posts: 6

Posted:

I agree that the termite company's request is reasonable. I'm objecting to is the HOA's demand, not the termite company's request.

BenA2 (Texas)
Posts: 1,273

Posted:

If the HOA has the authority to allow a pest control company into your unit but the pest control company requires explicit permission from the homeowner (both of which you don't seem to have a problem with) why is it unreasonable for them to require you to send the letter if that is the only way to get it done.

Personally, I would not have included the threat of penalties but maybe they anticipated people would not bother. The bottom line is, it seems, that the only way to get the job done is to have owners send the letter. I don't see any reason why you would not want to cooperate and make it easier for your Association.

RichardP13 (California)
Posts: 3,868

Posted:

I have handled such requests in the past.

Proper procedure, if you have a management company, is they should coordinate the sending out and returning of the letters, either by email, fax or mail.

If the HOA is self-managed, the Board needs to get off their butts and take charge!

CyrusM (California)
Posts: 6

Posted:

> If the HOA has the authority to allow a pest control company into your unit but the pest control company requires explicit permission from the homeowner (both of which you don't seem to have a problem with) why is it unreasonable for them to require you to send the letter...

Consider these two powers:
1. The HOA may allow a pest control company into my unit.
2. The HOA may require that I give explicit permission to a pest control company to enter my unit.

Powers 1 and 2 are clearly different things. Power 2 does not necessarily follow from Power 1. If my HOA has Power 1, but not Power 2, and if the pest control company requires explicit permission from the homeowner, then my HOA overstepped its bounds when it contracted for that pest company's services.

But that argument aside, this really is about the penalties. I think my HOA knows its authority is insufficient here, but rather than allowing the homeowners to exercise their share of authority, it has chosen instead to use the threat of penalties to pressure homeowners into ceding their authority. I think that is unethical.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA does NOT have authority to let Pest Control or anyone else to enter your property. (Except maybe the HOA itself in cases of emergency). The service is through the Pest Control company. The HOA is the one paying for the service to be done. In order for them to have it done, the Pest Control company demands a signed letter from the owner. They aren't asking for a signed letter from the HOA. The Pest control company can't proceed to do their work without that letter. The HOA has an agreement for that service to be provided. So if an owner refuses to return the letter to the Pest control, they can't provide the required/paid for service. To make sure that one adheres to the Pest company request in a timely and required manner, the HOA is enforcing a penalty.

It hurts everyone if someone refuses to sign that letter. The HOA can't pay or provide the Pest control service. The pest control won't do their job without it. So what is the problem? Sign the letter and there is no penalty to be paid. Simple as that...

Former HOA President

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By MelissaP1 on 05/18/2018 3:56 PM
The HOA does NOT have authority to let Pest Control or anyone else to enter your property. (Except maybe the HOA itself in cases of emergency). The service is through the Pest Control company. The HOA is the one paying for the service to be done. In order for them to have it done, the Pest Control company demands a signed letter from the owner. They aren't asking for a signed letter from the HOA. The Pest control company can't proceed to do their work without that letter. The HOA has an agreement for that service to be provided. So if an owner refuses to return the letter to the Pest control, they can't provide the required/paid for service. To make sure that one adheres to the Pest company request in a timely and required manner, the HOA is enforcing a penalty.

It hurts everyone if someone refuses to sign that letter. The HOA can't pay or provide the Pest control service. The pest control won't do their job without it. So what is the problem? Sign the letter and there is no penalty to be paid. Simple as that...

CLUELESS from Alabama.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Can you refrain from the insults? Each one of us can contribute an opinion. Stop taking time out just to insult or argue with every thing I say. It's not the purpose of this forum. In case you forget, it's to help people deal with their HOA issues. Opinions vary but they don't need to be insulted...

Former HOA President

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By MelissaP1 on 05/18/2018 4:56 PM
Can you refrain from the insults? Each one of us can contribute an opinion. Stop taking time out just to insult or argue with every thing I say. It's not the purpose of this forum. In case you forget, it's to help people deal with their HOA issues. Opinions vary but they don't need to be insulted...

You were stating FACTS, not your opinion.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Yes the facts of my opinion. The fact is the Pest Control company is hired by the HOA to perform a service. For them to perform the service, they require a signed approval to enter the property letter. STATED BY THE OP. (Not opinion but fact provided by the OP). The OP is angry because the HOA is saying that if one does not sign this letter, they threaten the member with a penalty. They seem to believe this is unreasonable.

My opinion is this seems quite reasonable and makes complete sense to have a way for the HOA to make sure one signs that form. How else do you suggest they go about it?

Former HOA President

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By MelissaP1 on 05/18/2018 5:22 PM
Yes the facts of my opinion. The fact is the Pest Control company is hired by the HOA to perform a service. For them to perform the service, they require a signed approval to enter the property letter. STATED BY THE OP. (Not opinion but fact provided by the OP). The OP is angry because the HOA is saying that if one does not sign this letter, they threaten the member with a penalty. They seem to believe this is unreasonable.

My opinion is this seems quite reasonable and makes complete sense to have a way for the HOA to make sure one signs that form. How else do you suggest they go about it?

I offered my advise, based on personal experience. The pest control can go into a residence as long as consent is given, which is what the letter would require.

KerryL1 (California)
Posts: 14,550

Posted:

My HOA is twin towers and I'm on the board. Various vendors come into the units to do different things. Starting next week, for instance, HVAC techs will come in to service our personal heat pumps. Owners do not need to give written permission, but do need to give a check for the service to our onsite property manager (PM).

In the case of termite control, it makes complete sense for the vendor to want written authorization and it makes complete sense for your HOA's board of directors to want this letter too. If the vendor refuses to service every single unit, the control work is useless. The Board's (not "the HOA's") job is to protect the HOA's common areas in your building and they can't do their job correctly if the entire building isn't serviced.

Sending a quick email to the Board or the PM is a reasonable demand. A penalty for failing to do this simple task is not unreasonable given the board's fiduciary duty. So I agree with all others above, Cyrus.

I've put a similar matter on our board's agenda for our late May open meeting and if I have a chance, I'll ask this forum a question about mine on a new thread.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Were I the company I would want permission from each owner to enter their unit for two reasons. First to do the job effectively, all units have to be treated. Secondly for liability purposes.

The OP is making a mountain out of and ant hill.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Sometimes it becomes important to all of the new posters to hear how clueless some people are. When I first joined I read your posts and thought WOW!, I can't believe she is an ex president with all the knowledge she has!! After being here for a while, it's easy to see why you are an ex president. It's not meant to be insulting, just as you don't mean to be so blatantly misleading to the people that come here to ask questions. It's the way things are.

Please remember, Melissa, that the posters will read the posts and judge each of us by what we say, not by what is said about us.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By CyrusM on 05/18/2018 2:44 PM
> If the HOA has the authority to allow a pest control company into your unit but the pest control company requires explicit permission from the homeowner (both of which you don't seem to have a problem with) why is it unreasonable for them to require you to send the letter...

Consider these two powers:
1. The HOA may allow a pest control company into my unit.
2. The HOA may require that I give explicit permission to a pest control company to enter my unit.

Powers 1 and 2 are clearly different things. Power 2 does not necessarily follow from Power 1. If my HOA has Power 1, but not Power 2, and if the pest control company requires explicit permission from the homeowner, then my HOA overstepped its bounds when it contracted for that pest company's services.

But that argument aside, this really is about the penalties. I think my HOA knows its authority is insufficient here, but rather than allowing the homeowners to exercise their share of authority, it has chosen instead to use the threat of penalties to pressure homeowners into ceding their authority. I think that is unethical.

I fail to see the problem. I think you're standing on ceremony while the little critters may be eaten away at your home! Here's what I would do if I were you. Determine who is ultimately responsible for any damage done to your home by the pest control company. THAT is the person(s) that needs your permission. If the HOA gives someone permission, then the HOA would be responsible.

But, try to find a happy medium. Allow this to happen. It's a good thing.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By CyrusM on 05/18/2018 1:32 PM
I agree that the termite company's request is reasonable. I'm objecting to is the HOA's demand, not the termite company's request.

Cyrus,

I'm sorry your HOA issued a threat in its explanatory letter for why pest control professionals need access to your unit. The issue is the "tone." Don't take it personally.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Just scanning this thread ...

Richard - what is with the "CLUELESS" thing?

I'd be really angry if you said this to me - either in writing - or in person.

It would be reasonable for you to apologize to Melissa.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here