JayL9 (Ohio)
Posts: 2
Posts: 2
Posted:
Is the HOA responsible to remove nests? The HOA has offered to do removal once a year then owners has to pay for removal the rest of the year if nests return.
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Does a HOA pay for wasp/bee nest removal
Started by JayL9 • 11 replies • 3868 views
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LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By JayL9 on 02/26/2022 3:07 PM
Is the HOA responsible to remove nests? The HOA has offered to do removal once a year then owners has to pay for removal the rest of the year if nests return.
Is the HOA responsible to remove nests? The HOA has offered to do removal once a year then owners has to pay for removal the rest of the year if nests return.
That depends, is this a condo or single family homes? Then it goes down to bees and wasps pose a eminent heath hazard to surrounding residents and owners, if said owners do not remedy the problem, the
HOA may under the law have a duty for the safety and welfare to remove said hazard. As for who pays that depends on your governing documents.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
With LetA: are the nests on private individual detached homes or in their private years? Or are they in a common area?
MichaelH34 (North Carolina)
Posts: 179
Posts: 179
Posted:
Also, what do your documents (CCRs, bylaws and or rules and regs) say about pest control/removal?
I ask because our developer's first amendment to our CCRs put us on the hook for "pest control" due to our buildings having 3-4 homes each. Unfortunately there isn't a lot of specificity so we decided to go with "we're going to continue the pest control contract the developer put in place" and our attorney input that it's reasonable to only control for pests that are commonly shared when you have shared walls. This doesn't include wasps or bees.
So, the important place to start getting your answer lies with your docs and any public promises the HOA has made *in writing.*
I ask because our developer's first amendment to our CCRs put us on the hook for "pest control" due to our buildings having 3-4 homes each. Unfortunately there isn't a lot of specificity so we decided to go with "we're going to continue the pest control contract the developer put in place" and our attorney input that it's reasonable to only control for pests that are commonly shared when you have shared walls. This doesn't include wasps or bees.
So, the important place to start getting your answer lies with your docs and any public promises the HOA has made *in writing.*
JayL9 (Ohio)
Posts: 2
Posts: 2
Posted:
Qw have 3 townhomes and the hests are on every townhome. The documents are unclear. Could the HOA just decide on their own on how to handle this?
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By JayL9 on 02/27/2022 4:04 PM
Qw have 3 townhomes and the hests are on every townhome. The documents are unclear. Could the HOA just decide on their own on how to handle this?
Qw have 3 townhomes and the hests are on every townhome. The documents are unclear. Could the HOA just decide on their own on how to handle this?
Either way, Single Family homes, Townhouses and condos, if there is an eminent health risk to the community, the HOA can hire a pest control contractor and remove the eminent risk.
Read your governing documents In your governing documents should mention something pertaining to the HOA having an easement to "enter" upon your property. This includes removing nuisances
that violate your CC&R's and things that pose an eminent health risk to the community. How much are you being asked to pay? It may bw far cheaper than you paying an attorney to read your documents.
Either way you pay for this service either directly out of pocket or it is paid from your assessments. You don't want someone to get sting and sue you causing your personal homeowners insurance premiums
to rise and you certainly don't want higher assessments because D&O premiums and liability insurance premiums get raised.
AugustinD
Posts: 3,698
Posts: 3,698
Posted:
Quote:
Posted By JayL9 on 02/27/2022 4:04 PM
Qw have 3 townhomes and the hests are on every townhome. The documents are unclear. Could the HOA just decide on their own on how to handle this?
Qw have 3 townhomes and the hests are on every townhome. The documents are unclear. Could the HOA just decide on their own on how to handle this?
To minimize the chances of being sued, the HOA will want to be on the correct side of the law. A competent HOA attorney will go straight to the Declaration and see who (HOA or individual owners) has the maintenance responsibility for the locations where the nests are.
If you post the sections of your Declaration that discuss the maintenance responsibility for the locations of the nests, this forum likely can give you much better guidance, or at least preparation for meeting with an attorney.
MichaelS56 (Minnesota)
Posts: 859
Posts: 859
Posted:
Each Owner has a Maintenance Service policy that indicates who is responsible for what and who pays for each item. For our Association, exterior pest control is an Association item, interior is an Owner item.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
This is most likely an attempt to compromise with the owner. Our HOA was not responsible for pest control. It was not part of the dues. We could voted to include it due to a termite and railroad tie wall situation. However, found keeping the termites in the wall prevented them going to the house per pest control experts.
So I would not have our HOA pay for it but as a compromise with member and common area considerations I would do one time only.
So I would not have our HOA pay for it but as a compromise with member and common area considerations I would do one time only.
Former HOA President
MarshallT (New York)
Posts: 414
Posts: 414
Posted:
It does sound like the HOA should be taking care of this since the wasps are a danger to owners. If the documents do not provide guidance on this, the owners are encouraged to bring to issue before the board and ensure nest removal is done regularly to avoid accidents.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
The HOA is probably responsible *if* the exterior of the buildings are considered common elements and the association is responsible for maintaining them. In addition, if the HOA is responsible, you can't just turn it over to homeowners after the first removal. It's still the association's job. And it would probably save money overall if homeowners don't handle this piecemeal, not to mention being able to ensure that the job is done responsibly.
However, I recommend that you have the work done by a qualified pro who will remove the hives (especially the bees) and not just spray them. Aside from being more humane, you avoid potential liability for spraying toxic chemicals everywhere.
(PSA: We need bees and similar insects to pollinate our crops, and they're already under serious threat. Some species of wasps also kill less desirable insects. If you don't want to spend the rest of your life hand-pollinating our food crops or eating dirt and concrete, protect the bees.)
However, I recommend that you have the work done by a qualified pro who will remove the hives (especially the bees) and not just spray them. Aside from being more humane, you avoid potential liability for spraying toxic chemicals everywhere.
(PSA: We need bees and similar insects to pollinate our crops, and they're already under serious threat. Some species of wasps also kill less desirable insects. If you don't want to spend the rest of your life hand-pollinating our food crops or eating dirt and concrete, protect the bees.)
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
I'm going to assume that the size and location of these nests prevent the townhome owners from getting a can of Raid and fixing the problems themselves. If not, they should since they will share the cost of getting a professional to come out and spray the nests.
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