OH RATS!! . . . I
n addition to being inconvenient, potentially dangerous, and at times pretty gross, pest infesta- tions in common interest devel-
opments carry with them a host of legal implications. From determining what came first, the hole in the stucco or rat colony living in the garage, to allocating repair and relocation expenses when one owner’s personal habits result in fumi- gation of several attached homes, pest infestations in associations raise a vari- ety of pesky legal questions due to the unique situations involved.
When it comes to responsibility to re- pair an air conditioning duct in an at- tic, for example, the answer can generally be found in the governing documents of the association. But what happens when the “repair” required is to remove a 20 pound raccoon with a nest full of young? And when do rat sightings in adjacent units warrant an association’s exercise of its right of entry into a private home? Could an association be liable for bee stings suffered in the common area? Is a spider-free patio a right?
Generally speaking, the responsibil- ity to rid a portion of property of
And Bees, And Other Insects: Liability for Pest Infestations in Community Associations
By Jacqueline Pagano, Esq.
pests will lie with the party who has maintenance control over the por- tion of property.
In most condo-
minium projects, for example, the attic is common area, and, thus, the association would be responsible for eradicating attic-dwelling pests. The question gets more complicated in certain planned developments, such as townhomes, where the homeowner maintains the attic, but the pests have entered through an association-main- tained roof.
In such instances, if the association has failed to exercise ordinary care in maintaining the roofs, resulting in pests entering the separate interest through unfilled holes, the associa- tion may be liable for eradicating the pests and repairing any damage they may have caused. A hole in a roof or building does not necessarily equate to negligence, and an argument will oftentimes arise as to whether the hole is how the pests got in or how at least some of them gnawed their way out. Where negligence by either party cannot be established, the gen- eral repair allocation in the governing documents will apply.
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