HOA pest control is crucial to maintaining the safety and cleanliness of your HOA community. However, it’s also usually a contention on who’s responsible for it. But what is the scope of the HOA’s responsibility when it comes to pest control?
Understanding the Scope of HOA Pest Control
Pests can pose serious threats to property and health. Given this, the HOA should prioritize effective pest control for the community’s safety.
HOAs, in most cases, are responsible for maintaining shared spaces, such as clubhouses, pools, parks, and landscaped zones. They must ensure these areas are safe and clean for residents to use or be in. Part of this responsibility is keeping away pests like rats and other rodents, termites, or insects in common areas.
The scope and limitations of the HOA’s pest control obligations should be outlined in the association’s governing documents. It should include which areas the HOA’s pest control efforts cover and which parts the homeowners maintain. Usually, the governing documents also say that the HOA will also be responsible for pest control if the issues can affect multiple properties in the community.
Does the HOA Cover Pest Control?
While it should serve the community’s best interest, there is no one answer to this question. This will all depend on the state laws, which may differ based on the HOA is location. To answer this question, you can check the laws in your state and find out if HOAs cover pest control.
In California, however, California’s Civil Code Section 1364 states that the HOA must cover the cost of repairs and upkeep for the community’s common areas. It also mentions what property owners are responsible for, namely their property and exclusive-use common areas.
Included in that upkeep is pest control. However, the law allows the association’s governing documents to say otherwise. Suppose your HOA’s governing documents outline what is included in its pest control duties, which will be followed. Meanwhile, the provisions found in California’s civil code will be followed if no such inclusions are found in your HOA documents.
However, there are times when the infestation starts in one property and spreads to other areas of the community. In cases like this, some HOAs have policies indicating that whoever causes the infestation will have to cover the services. The caveat to this is that it’s always hard to distinguish where such issues start.
What Happens When a Pest Infestation Strikes an HOA?
Pest infestations can happen due to a number of factors, and they may strike your HOA community at any time. When this happens, the HOA must contract a professional pest control services company. Pest management is best left to the professionals, and the earlier they are contacted, the lower the likelihood of the infestation spreading to other areas in the HOA community.
Professional pest control services have the expertise and tools to effectively manage or provide solutions to pet issues. Depending on the type of pest, the contractor may provide various solutions that are both safe for the community and effective in removing the infestation.
Common Types of Pests
Many types of pests can affect HOA communities, and some may be more common than others. Here are some of the most common pests you may encounter in an HOA community.
Rodents and Rabbits
One of the most common pests that households and communities encounter is rats and other rodents like mice, gophers, and squirrels. Rats may be more common in larger cities, where sanitation can be difficult to manage. Meanwhile, in suburban or rural areas, rodents and rabbits, which thrive in larger, more open spaces, are seen more frequently.
Such pests are one of the biggest health and safety concerns. They can become carriers of diseases, with some being serious or life-threatening. Therefore, when your community encounters this issue, they need to contact professionals as soon as possible.
Disease-Carrying Insects
Another type of pest that commonly causes problems in HOA communities is insects, specifically disease-carrying insects. These may include cockroaches and mosquitoes, known carriers of bacteria and viruses that may negatively affect residents.
Mosquitoes are more common in HOA neighborhoods situated in rural areas. If there are only a few mosquitoes around, residents can help keep them away from their homes by using aromatic herbs like lavender, citronella, or mint, which mosquitoes tend to avoid.
Although there are times when mosquitoes come in swarms, that’s when it’s best to call professionals. They would organize fumigations that would get rid of mosquitoes.
On the other hand, cockroaches, which are more common in urban areas, can be harder to eliminate. Preventing them from infesting your community is better than getting rid of them later. But if your community is already facing a cockroach infestation, it is best to contact pest control immediately.
Termites and Wood-Damaging Insects
They’re small but terrible—termites and other wood-damaging insects can swarm buildings without you even noticing until it’s too late. They would eat away at wooden foundations, damaging buildings and possibly making them brittle enough to be considered a safety hazard.
When you first notice signs of a termite infestation, it’s best to call professionals immediately to remove them—also, schedule inspections to check whether other properties and buildings in your community are affected.
Can Residents Refuse HOA Pest Control?
There are instances when a homeowner may refuse to have pest control. However, in such cases, the HOA can still check the laws to see if it has the right to impose pest control. Of course, the HOA board would need to provide prior notice and a proper reason before doing so.
Some homeowners may agree to the pest control procedures but deny them based on the chemicals that professionals plan to use. These usually happen because the resident may have allergic reactions or health issues, or if they follow a specific lifestyle, such as using environmentally friendly products.
In these cases, the homeowners may ask for alternative pest control products, and the Fair Housing Act is a federal law that supports such accommodations. To solve this problem, the HOA may ask the residents what products they prefer or discuss the possible alternative options with the contractor.
Relocation Due to HOA Pest Control
There are instances when infestations become dangerous and uncontrollable, posing a risk to the community’s residents. When this happens, and you bring in pest control, it’s best to have residents relocate for a while while the professionals do their job.
When this happens, who is responsible for relocation expenses?
Again, the answer to this varies for every state. In California, the association may need to cover these expenses if pest control measures, such as fumigation, are required. Usually, homeowners are open to temporary relocation if the HOA covers that cost.
Amending Governing Documents to Address Pests in Han OA Community
While rare, some HOA communities do not have provisions about pest control in their governing documents. In other cases, these provisions are outdated and need amendments.
If you plan to update or amend your governing documents in relation to pest control, you need to do several things.
First, you need to check your governing documents or state laws to determine the formal process of amending these bylaws. Then, you should outline what amendments are required and whether they would be legal in your state. It is best to consult your HOA attorney to ensure compliance.
During the process, you must also gather input from the residents of your community. For best results, ask to collaborate with them to find out the best course of action for the community as a whole.
What to Include in HOA Pest Control Policy
If you’re amending or creating a pest control policy for your HOA, here are some things you should consider.
Scheduling Routine Inspections
Having routine inspections is crucial for maintenance and upkeep in general. This helps spot any damages or cracks where pests may hide or use to enter a building. Inspections of hard-to-reach areas also help detect infestations that are just starting to spread.
Landscaping Amendments
You can also add provisions in your governing documents about landscaping that help prevent pests in common areas. These can include preferences for plants that double as pest repellants.
A Logistics Plan
As mentioned before, there are cases when pest control will have to cause residents to relocate. To avoid any issues with residents about this, part of your pest control policies should be a logistics plan. It needs to outline how to address such scenarios, along with other logistics processes needed for pest control.
A Shared Responsibility
Keeping pests at bay requires collaboration. HOAs and homeowners must understand their roles and work together. Clear guidelines ensure effective pest management, creating safe and comfortable communities.
Personalized Property Management offers professional community management services around Southern California. Call us at 760-325-9500 or send us a message if you want to know more about what we do.
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