Other times the facts strongly suggest that more than Mother Nature is to blame for the presence of unwel- comed visitors. Homeowners who fail to keep out- door areas clean and sanitary, who leave pet food out on patios, or who intentionally feed wild animals can attract pests into the building. Combine such activi- ties with pack-rat conditions inside the home, and an association could find itself removing dozens of dead and living vermin from the owner’s unit on a daily basis over a period of months. A homeowner who causes an infestation through such behavior can be liable to the association for the cost of remediating pests from the common area (which, in the case at hand, required fumigation) and can also be liable to adjoining neighbors whose units were severely dam- aged by the migrating mice or who had to vacate their homes, incurring relocation expenses, while the pests were being “evicted.”
In order to avoid potential liability for pest infesta- tions, an association must fulfill its duty to properly maintain the common areas so as to avoid the mi- gration of pests into homeowners’ properties.
This
includes regularly inspecting the exterior of condo- minium buildings and sealing any holes in the build- ing envelope. Common area tree branches should be trimmed sufficiently away from roofs and structures. Because pest infestations spread and may pose threats to human health, suspected infestations within sepa- rate interests should be investigated by the association and addressed in order to mitigate damage.
Finally, pests sometimes pose problems for associa- tions outside of homes or buildings. Funny thing about insects is they seem to have no concept of where separate interests end and common area begins. Hives by and large are outdoors. In a condominium, the responsibility almost always lies with the associa- tion. In planned developments, the location of the hive may be on separate property. Being stung by several wasps at the community pool can be just as painful, irrespective of where the hive is located.
It
is also important to note that allergies (particularly to bee stings) are not uncommon. Accordingly, the discovery of a hive should be dealt with quickly and responsibly.
If the hive is on separate property, the
owner should be given an opportunity to deal with the situation. The owner should be put on a short timeline, however, and, if the owner fails to act, the association should step in and seek recovery of the costs after the fact.
Spiders are a different story; they are not insects and almost all of the common species we see in Southern California are harmless. Nevertheless, many people
14 | March / April 2018 CONTACT US FOR A FREE CONSULTATION
800.545.9963 Your Natural Resources
Tim Abbott VP of Business Development 714.448.3775
tabbott@missionlandscape.com info@missionlandscape.com Stacey Garnham
Director of Business Development 909.563.6553
sgarnham@missionlandscape.com 24 HOUR EMERGENCY RESPONSE R
(including this author) do have an irrational fear of spi- ders, notwithstanding the fact that in many instances their diets consist of other pests. Spider webs on buildings can be unattractive but not harmful.
While webs should be
removed as part of regular exterior maintenance or clean- ing, a failure to spray for spiders will seldom, if ever, result in liability, as the same threats to property and humans are not present as with other pests.
This article was written and submitted by Jacqueline Pagano, Esq. of Feldsott Lee Pagano & Canfield.
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