HOAleader.com - Tip of the Week - September 11, 2015
Published: Fri, 09/11/15
=================================================================
HOA Bed Bug Extermination: Who Does It? Who Pays?
=================================================================
In this week’s tip, we apologize in advance if we creep you out. Our topic: Bed bugs!
We’re covering the topic because one of our readers recently had an infestation and wants to know if the association can charge the owner for the extermination costs the association had to pick up. Sure. But you may not want to.
The first problem with bed bugs is that you may never know where they came from.
David C. Swedelson has seen his association clients encounter bed bugs only a few times. “It’s not a big thing in California,” says the principal at Swedelson & Gottlieb, a law firm that represents associations in the Los Angeles area. “But on the few occasions I’ve seen it, they’ve had to literally fumigate the building, and the association had to pay for it because they couldn’t figure out who brought them in. I don’t know how you’d know that.”
That’s especially true because of the way bed bugs migrate. “The association needs to pay for extermination of its property, meaning the common elements, hallways, elevators, and so on, if the bugs have gotten to those areas,” says David Firmin, a partner at Hindman Sanchez, a law firm in Arvada, Colo., with about 1,600 association clients. “Here’s the rub: Infestation will start in a unit, but bed bugs move through the pipes, running along a pipe and out into a new unit. So the association has to make sure common elements are bedbug free.”
That’s why Firmin advises handling the issue as an association without worrying about charging back to owners. “My advice if you have a widespread bedbug problems—say it’s four to six units over two separate floors—is that the association should just do it to make sure it’s done right. Otherwise, you may have an owner in the chain who does an inexpensive fix, and you have to do it all over again.
“It’s the association’s obligation to ensure the health and welfare of the association to some extent,” adds Firmin. “When governing documents say that, they’re getting at the fact that the association has to ensure you don’t have decks falling off the building. But this is along the same lines, so that you don’t have an infestation of bed bugs or vermin. If the problem gets to multiple units, it’s time for the association to step in and use its easement rights to enter units to eradicate the bed bugs once and for all.”
If costs are still bugging you, you can try to make owners bear them. Find out how in our new article: http://www.hoaleader.com/members/1230.cfm
Best regards,
Matt Humphrey
President
=================================================================
Upcoming Event
=================================================================
HOA Reserves and Other Funding Options:
How to Be a Smart HOA Money Manager
An Exclusive HOAleader.com Webinar
With Practical Tips for Condo and HOA Boards
Thursday, September 17, 2015
2:00 to 3:00 P.M. Eastern Time
1:00 to 2:00 P.M. Central Time
12:00 to 1:00 P.M. Mountain Time
11:00 A.M. to 12:00 P.M. Pacific Time
Learn more or Register now:
http://clicks.aweber.com/y/ct/?l=GJZqk&m=Jb2JVuVW2LOVCz&b=XXrJFz3TOaB.eLXZ4617hg
Members save $30!
=================================================================
Recent articles posted at HOAleader.com:
=================================================================
Bed Bugs! Have an HOA Plan Before They Invade
An HOAleader.com reader asks, "Despite our having one of the best-maintained condos in the area, we have experienced a very limited (one condo) infestation of bed bugs. The manager handled the issue promptly, thoroughly, and efficiently, but not without cost. The question: Is there a standard answer about whose responsibility it is to pay for the extermination? The event occurred toward the top of a high-rise condo building, and the remedy was not inexpensive. Is this the financial responsibility of the homeowner (who rents the condo), the renter--if the culprit can be identified--or the association?"
Click here to read full article: http://www.hoaleader.com/members/Bed-Bugs-Have-HOA-Plan-Before-They-Invade.cfm
=================================================================
HOA Reserves and Other Funding Options: How to Be a Smart HOA Money Manager
The more you know about how to fund your operations, the more confident you'll feel responding to owners who question your financial wisdom. Build that knowledge by joining a one-hour webinar on September 17 led by two community association experts. They'll explain what you need to know about HOA reserves and other funding mechanisms. They'll also reveal the smartest moves you can make to ensure your HOA can pay for needed maintenance and repair projects, and even community upgrades.
Click here to read full article:
https://www.hoaleader.com/products/smart-hoa-money-manager-a.cfm
=================================================================
HOA Owner Wins Big Against Collections Company: Why You Should Care
In this week's tip, we discuss what you should know about a troubling case in Nevada in which a homeowner won a half-million-dollar-plus judgment against two HOA collection firms.
Click here to read full article:
http://www.hoaleader.com/public/HOA-Owner-Wins-Big-Against-Collections-Company-Why-You-Should-Care.cfm
=================================================================
6 Tips for Choosing the Right HOA Collection Company
A homeowner in Nevada has won a half-million-dollar-plus judgment against two HOA collection firms for violations of federal and state consumer protection laws. The HOA wasn't liable, but if you're a smart board, you certainly want to avoid hiring a collection company that's going to violate your owners' rights. Here is what you should know about happened in Nevada--plus 6 tips for choosing a collection company that gets homeowners to pay up but don't harass them.
Click here to read full article:
http://www.hoaleader.com/members/6-Tips-for-Choosing-Right-HOA-Collection-Company.cfm
=================================================================
The Flaws You'll Find in Fundraising for Your HOA
In this week's tip, we weigh whether you should consider fundraisers to cover HOA expenses. Short answer: Our experts have concerns. But it's not out of the question.
The idea comes from a blogger who advocates holding fundraising events like holiday display tours; knitting, gardening, or car maintenance seminars with owners who have a particular expertise serving as instructors; neighborhood sales; and hosted dinners after which guests can leave donations.
Click here to read full article:
http://www.hoaleader.com/public/Flaws-Youll-Find-in-Fundraising-for-Your-HOA.cfm
=================================================================
Get your own copy!
Subscribe to the HOAleader.com Tip of the Week at:
http://www.hoaleader.com/public/department49.cfm
=================================================================
Please feel free to forward the *entire text* of this email to others.
Copyright 2015, Plain-English Media, LLC (866) 641-4548 http://www.hoaleader.com