Living on an HOA can come with a lot of perks–including pest control services that assist in maintaining the peace, calm, and safety of all HOA residents and properties. However, when it comes to HOA pest control responsibility in California, there’s a wide range between what the HOA covers, and what the homeowner covers.
It’s essential for all HOA homeowners to know the extent of their HOAs pest control coverage, and when the homeowners might be held liable for pest-related maintenance and damages. Keep reading to discover the extent of HOA pest control responsibility in California, and what you can do to protect your HOA home against the spread of pervasive pests!
What Happens When a Pest Infestation Strikes an HOA?
When a pest infestation strikes an HOA, professional pest control services are almost always called in. This helps ensure that the spread of pests and damage done by them is limited. After all, an infestation originating from a public HOA space, like a garden, pool area, or exercise room, most likely could easily move to private residences if not properly managed. Which is exactly why expert pest professionals are hired to help solve the pest problem. Depending upon the type of pest, different solutions will be provided to safely and effectively remove the pest infestation.
Any pests that infest a public use area, such as a garden, pool house, or lobby, most likely have to be dealt with by an HOA.
HOAs are commonly responsible for a wide variety of pests inflicting public spaces in an HOA, such as squirrels, rats, raccoons, and termites; however, these aren’t the only pests that HOAs have to handle. Any pests that infest a public use area, such as a garden, pool house, or lobby, most likely have to be dealt with by an HOA. Being that many HOAs have common areas surrounding the private residences, both indoor pests and outdoor pests may, fall under the responsibility of your HOA.
What Does the Law Say?
According to California Civil Code Section 1364, “the (HOA) association is responsible for repairing, replacing, or maintaining the common areas, other than exclusive use common areas, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest.” Essentially, this means that an HOA is responsible for maintenance of all common areas that residents share, including pest control. However, this law states that if your HOA directly outlines different procedures in their HOA governing laws, the governing laws take precedent. Because of this, all HOA homeowners should carefully examine their own HOAs rules in order to determine who is accountable, and in which situations.
What About If The Pest Problems Don’t Originate From a Public Area, But From a Private Home?
One of the biggest concerns for any homeowner and an HOA is when the the pest problems don't originate from a public area, but from a private home. The law mentioned in the previous section stipulates that the owner is responsible for maintaining any exclusive-use areas, but it makes no direct mention of who is responsible if that pest issue spreads out of one private residence into others. So, when it comes to infestations originating solely from one property, the law isn’t clear. Some HOAs will state in their governing laws that whoever causes the infestation will be responsible for all associated pest management costs—however, proper documentation is required in these cases to clearly prove fault. Oftentimes, the cause of pest control infestations isn’t clear, making it difficult for HOAs to blame homeowners for pest issues.
When it comes to infestations originating solely from your own property, the law isn’t clear. So, carefully read your own HOA's rules to know exactly who is responsible in every pest control situation.
However, even if HOA pest control responsibility in California is clearly managed by the HOA, it’s still crucial to prevent the spread of pests from HOA common areas to your private spaces, and vice versa. To help prevent the spread of pests, be sure to:
- Take Out the Trash
- Store Food Securely
- Patch Up All Entry and Exit Holes
- Deep Clean Your Home
- Sanitize All Surfaces
- Call A Professional
The best way to contain pest infestations and prevent the spread greatly depends upon the species itself. What might be effective against cockroaches could be useless against ground squirrels, which is why it’s important for all HOA homeowners to work together with a knowledgeable pest control company. Determining the most appropriate forms of infestation containment for your specific situation can help save a lot of headache and restore your home’s comfort and safety.
Conclusion
When it comes to HOA pest control responsibility in California, there are laws in place to help clearly determine what situations the HOA has to handle, and when the homeowner is responsible. However, these laws are used only when procedures are not directly stated in your HOAs governing laws. Carefully read your own HOA's rules to know exactly who is responsible in every pest control situation—and call a professional pest control company for assistance whenever the situation requires it!
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