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MelissaM4 (Pennsylvania)
Posts: 27
Posted:
We are a townhome community with a bee hive on the outside of a homeowners unit. A neighbor, who has been getting stung while sitting on her deck has contacted the HOA asking who is responsible to remove the bee hive. Is the HOA resposible or is the homeowner of the unit in question?

Thank you!
Melissa
AnnaD2 (Florida)
Posts: 960
Posted:
We are a condo association and we have also had bees build nests on the building, including around window frames. Since it is on the OUTSIDE of the building our Association is responsible for removal. Your documents should state who is responsible for certain parts of each townhome.

We have a monthly pest control service who treats the grounds. We call them when the wasps build their "huts" and they remove them.
RogerB (Colorado)
Posts: 5,067
Posted:
Melissa, usually the outside is common area owned by the HOA. Did the owner of the bee hives got permission to use this outside area. Bee hives should never have been allowed. The owner is responsible and must remove them if they are on common area. However, if the Board allowed the owner to place them there those Board members, not the HOA, could get stung for the expenses involved.
TracieS (Colorado)
Posts: 460
Posted:
Roger, I don't think this is someone's beekeeping enterprise, but a randomly bee-built hive.

Although, I highly doubt the owners (bees) got HOA permission to build their hive! I wonder what their Arch Comm Request would have been!
RogerB (Colorado)
Posts: 5,067
Posted:
Bee hives or bees nest?
If this is a nest built by bees rather than bee hives placed there by an owner the HOA is responsible.
MelissaM4 (Pennsylvania)
Posts: 27
Posted:
It is a nest built by bees. Thank you for the clarification. I have read through my documents and it does not address any matter with insects. The HOA is responsible for roofs, siding, street lights, common areas, detention basin, retaining walls, parking area, sidewalks, private roads, snow removal, grass maintenance, landscaping installed by declarant/builder, trash removal. Is the outside of the townhome considered Common Area?

The docs do say "each unit sall be maintained by its Owner or occupant in a safe, clean and sanitary manner and condition, in good order and in accordance with all applicable restrictions, conditions, ordinances, codes and any Rules or Regulations which may be applicable hereunder or under law.
RogerB (Colorado)
Posts: 5,067
Posted:
Yes the outside of the townhome is common area - roof, siding, and gutters are on the outside in the common area.
TracieS (Colorado)
Posts: 460
Posted:
Quote:
Posted By MelissaM4 on 07/21/2009 1:29 PM
Is the outside of the townhome considered Common Area?

I'm not sure if it's "common area", but in my association, my docs specify that the association is responsible for the exterior. Our docs are old, so it's not much more specific than that. Some say "from the drywall out" or something.

Under my docs, the association would be responsible for nuisance insects. HOWEVER, I am drafting a set of rules/regs, and a policy about insects. Our association is 19 units, townhome style, and we're situated on a HUGE ant farm. I swear, it stretches from one end to the other. Our association isn't going to pay for ants in the future, because they're just ants. Termites - YES, we'll pay (we're wood frame with brick face). Bees - I'm not sure yet. Earwigs - probably not, because they're usually just seasonal. Miller Moths - NO...these are just our western version of locusts for a few weeks every summer.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Tracie,

Your association needs to contract for a pest control service. Ants are not something that should be ignored. Every been bit by a herd of angry Fire Ants?
Many of those will swarm and can kill people. And FYI, there are aproximately 3000 colonies of ants per acre. Scarey, huh?

But your problem would be under the HOAs responsibility for removal of the bees nest. Call the local AG. Department or find a local bee keeper for free removal.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Melissa,

You stated the assn is resp for "roofs and siding" which to me means the exterior of the townhome. Therefore, I would say the assn is resp. for the cost of removing the bee hive (nest).
EllenS1 (Florida)
Posts: 1,148
Posted:


roger,

Not so in Florida. Outside of townhomes here are not common area. Our docs clearly state that the exterior of townhomes are the responsility of the individual owners. I'm surprised that you would post such misinformation.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,

Not so fast to criticize Roger. My townhome association in S. Florida IS responsible for all of the outside repair, replacement and maintenance. The only thing that owners are responsible for are the windows and doors. Sorry but by now, we all know that there are no hard fast CC&Rs that fall upon all of our associations.
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

That is my problem with Rober making a blanket statement for all hoas. As an advisor he should know better than to claim he knows all the answers.
EllenS1 (Florida)
Posts: 1,148
Posted:
Rpger,

The poster says the member is responsible for th exterior of their unit..how does that translate to common area? Your comments show you know little about the laws of various states.
EllenS1 (Florida)
Posts: 1,148
Posted:
Melissa,

I would say that if your docs state that the exterior of units are the reponsibility of the hoa..then that's that. But if they state that the homeowner is resonsible for the exterior then it is up to the homeowner.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By EllenS1 on 07/21/2009 6:24 PM
Rpger,

The poster says the member is responsible for th exterior of their unit..how does that translate to common area? Your comments show you know little about the laws of various states.

Read again Ellen. The post said "The HOA is responsible for roofs, siding,..". Perhaps your townhome association is different. As I said usually; that does not mean always.
GlenL (Ohio)
Posts: 5,491
Posted:
Melissa before you call an exterminator and pay to have the bees eradicated; if they are honey bees (which are dying out in huge numbers) call your local police/fire dept (non-emergency line not 911) they often have the numbers of local beekeepers who will come and remove the nest for free.

This won't help with the bees this time but a few years ago I went through the documents and figured out just what was a homeowner responsibility and what was the Association's responsibility. We then had it vetted by the attorney for accuracy before giving it to all homeowner's as a quick reference guide. I've attached it below but keep in mind it is specific to our documents.
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📝1721374033971.doc(27 KB)

Studies show that 5 out of 4 people have problems with fractions
MelissaM4 (Pennsylvania)
Posts: 27
Posted:
Thank you all for your advise
MelissaM4 (Pennsylvania)
Posts: 27
Posted:
Thank you all for your advise
MaryA1 (Arizona)
Posts: 7,043
Posted:
Melissa,

One thing I neglected to mention in my post. If there have been cases of African bees in your area the best thing to do is to have the nest removed. The exterminator should be able to tell what type bees they are, but of course he'll already be there. . . Here in AZ there have been so many cases of African bees that if a large nest is detected we just automatically think they're African bees and take the necessary steps to exterminate them.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Old thread reactivated??? Potentially was for spam.

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