Spraying of harmful Chemicals

If used as directed on the box, I doubt owners lawyering up would get anywhere. Owners can always ask politely to use other pesticides or restrict spraying to ____.

Best approach would be to run for the board. Then those unhappy with the pesticides can figure out how best to maintain the trees and foliage.

You didn't say if this notice went out in an email or letter - I would have provided some sort of Q and A featuring common questions people may have, like:

What IS Phantasma Scale?
What does it do to the trees and how does this stuff prevent that?
Is this spraying a one-time thing or will this happen once a month?
How will we know if it's working - or not?
What happens if this doesn't resolve the problem?
You say the chemical may be harmful to people and pets - can you be more specific?
What can we do to reduce the risk (e.g. keep the pets inside; people with respiratory conditions shouldn't open the windows for a few hours following the spraying, etc.)

I suspect this information and more would have been in the link, but some people may not be computer savvy or tend to stop listening upon reading "this chemical may be harmful to you and your pets...."

As for the legal repercussions, you'd probably have to consider how many precautions the board took to reduce the risk, starting with, perhaps, looking for other ways to address the problem besides spraying, polling the community to see if there are people with respiratory issues, talking to the vendor to see if there are other ways of applying the stuff without spraying, etc. You might also have to run this by your association master insurance - if you haven't already done so, do it.

You really should have asked this question earlier this month since this is coming down the pike in two days, so before everyone screams about suing, perhaps the board or the neighbors (if you're not on the board) should talk to the board (quickly) about postponing the work until they can get more information. The spraying may still be necessary, but at least people will be more informed as to what they need to do to protect themselves.

There is absolutely nothing in our by-laws regarding spraying of chemicals, tree spraying, etc. Nothing. Plus, this notice was emailed two days prior to the spraying.

It's not helpful now, but surely this was discussed in a board meeting well in advance of the spraying, and since Florida is an open meeting state with requirements for publishing an agenda, *somebody* besides the board should have known this was coming.

I agree that the info provided to the entire community fell short. It may satisfy legal requirements - ie. hiring a lawyer may probably not be helpful - but I think the board owed it to the community to provide more details, such as Sheila's Q&A and a link to more info about the chemical and to provide it well enough ahead of time to allow people to make plans to get away.

Spraying something known to be harmful with short notice is IMHO unconscionable and irresponsible. And regardless of legal requirements, it's asking for trouble.

On the topic of harmful chemicals, just because it's legal now doesn't mean that it will continue to be so and that the association will be immune from any legal problems in the future.

Check out the horror stories linked to chlordane, which was widely used to treat for termite infestations before it was banned by the EPA.

Quote:
"The non-cancer health effects of chlordane compounds, which include diabetes, insulin resistance, migraines, respiratory infections, immune-system activation, anxiety, depression, blurry vision, confusion, intractable seizures as well as permanent neurological damage,[27] probably affects more people than cancer. Trans-nonachlor and oxychlordane in serum of mothers during gestation has been linked with behaviors associated with autism in offspring at age 4-5."

I personally was exposed to it twice because my idiot landlord applied it himself to keep roaches out of the apartments - in other words, improperly applied by an untrained amateur to treat a different (non-existent) issue. And I had a boss who used it one weekend and was never the same afterwards - he ended up with cognitive and neurological issues and retired early because of them. A friend of his said that he never recovered. I won't buy a property that has ever been treated with chlordane.

And this stuff has a half-life of 30 years. Persistent chemicals can result in significant harm if a large area is contaminated. If the chemical involved doesn't have much of a track record, you're rolling the dice. If it has a track record of harm, then you're dicing with the devil.

Thanks for your input. Im trying to get the name of the chemical,and trying to postpone this.

It might be something within the landscape contract.

Ours contained spraying, along with mowing.

Mike/Henry . . . in my opinion and experience you have a slightly distorted view of how an HOA Board of Directors and an HOA President should operate. You seem to have this authoritarian/dictatorial type perspective that may work for you and your situation, but that I don’t think is shared by most and is not a healthy/productive method in my opinion. Understood that your perspective and operation has possibly evolved this way because you’re kind of a one-man-show and nobody else helps out, but it’s not normal in my experience.

Not everything is answerable by a strict look and black or white interpretation of the documents. When reading/interpreting the documents, one must apply things like common sense, realism, courtesy, empathy, respect, consideration, and politeness (I know these things are difficult for some people to consider). And decisions of the Board are not etched-in-stone and unable to be challenged.

I say all this to say that there most certainly is the ability by the homeowners to stop (at least temporarily if not completely) the application of the unnamed, hazardous chemical. It just takes a bit of quick effort and teamwork (since notification to homeowners was totally insufficient in both time and information).

And while there’s no precise stipulation in documents that a chemical be named before it is applied, common sense and being a considerate human being would dictate that if a number of neighbors express concern, then a Board of Directors (who are also neighbors) would take pause and rethink. With new and additional info, perhaps the decision reached did not appropriately entertain all aspects and did not arrive at the outcome that is of greatest benefit to the entire HOA.

The process doesn’t need to be combative . . . a simple, “Hey thanks for the notice about the planned application of a chemical that is hazardous to people and pets. A number of homeowners have questions and concerns. Can we delay application while we get more info and discuss as a community?”.

Why does the Board have to be replaced to bring their awareness to a possibly poor decision that they likely made in a vacuum? And why does the decision have to be overturned/overrun to try an ddo something about the situation? Here are just a few quick ways (some obviously drastic depending on risk tolerance, but still quick and doable) that homeowners could band together and try to raise awareness, engage with each other and Board/MC, get the Board to rethink, and stall/prevent application of the chemical . . .
- email each other, the Board, and the Management company (multiple times if necessary);
- call each other, the Board, and the Management company (multiple times if necessary);
- physically visit and talk to each other, the Board, and the Management company (visit houses, stand at intersections, buy a bullhorn);
- post to social media (facebook, nextdoor, twitter, instagram, whatever sites have HOA-related pages);
- post to the HOA's website;
- make and distro flyers;
- create signs at entry ways and throughout the community;
- call in local news companies;
- contact the contracted company to discuss and request reconsideration;
- create a picket line;
- physically block access to neighborhood the day of application;
- Etc.

The 99% of homeowners don't have to roll over and accept a 1% homeowner Board Decision as law and totally unchallengeable. If you have concerns that the Board won't hear or listen to, then you need to take the bull by the horns and make things happen if you are passionate enough.

No post-o here...whatever that even means.
Ability, Potential, Capacity, Capability, Possibility, Aptitude . . . who TF cares about synonymous word choices. I know you're trying to make some ties to legal, case-law proven definitions and specifically what homeowners can do and what the Board can do or whatever, but that's neither the point of my posts nor value-added to the OP's situation and questions.

By Speaking to the EPA, contacting residents , and informing the HOA about the toxicity of the chemical (https://labelsds.com/images/user_uploads/Safari%2020%20SG%20Pkg%20Label%208-27-19.pdf) , the spraying has been cancelled until a better method is found.

I concede (surrender!) that was one bit of quick effort that got the board to change its mind.

Fast forward one year....On HOATalk.com message board:

"HELP: Palm Trees dying and HOA won't do anything to stop it!"

The community announcement was very poorly written and alarmist, thus creating the issues and stopping of tree treatment. If the HOA's tree expert is applying non-EPA approved chemicals to fight tree disease, then raising flags is wholly warranted. If the usage is completely on-label, that community needs to understand that once blight attacks their trees, that's it. I have community residents who oppose all chemicals, fertilizers, etc and generally oppose any property management tactics that involve sprays. It's a balancing act because they'll also complain when there's inaction via not applying chemicals.

With chemical usage on landscaping, a community can win a battle but lose a war. I do wish there were other ways......

Got one of them also. We ignore her.

I doubt there would be much that owners could legally do about this. The HOA is obligated to inform owners about potential risks, but these types of chemicals are used all of the time.

Going forward, owners could make a request for the board to look at less harmful alternatives.

Thanks Tim. I had zoom discussions with the Botany Department professors at The University of Florida.(Including the one you included in your link.) After presenting it to the Board, it was decided that spraying the chemicals would cause some problems, including eye irritation, and possible harm to pets. It was decided to apply the chemical at the root level, and that was s the direction decided upon.
The company that was selected appeared, and ignored the HOA suggestion, and , regardless, began spraying the trees. Fortunately, it began to rain heavily, and they stopped. No announcement has been made as to future application of the chemical("Safari")