Enlist Neighbors in Battle Against Pests

Question: The condominium complex where I live consists of 10 buildings with 12 units in each building. The garage and laundry room are on the first floor of my unit, the kitchen and living room are on the second floor and the bedrooms are on the top level.

My unit is infested with black wingless bugs that range from very tiny to five-eighths of an inch in length. They do not appear to be termites or roaches. How can we get rid of these pests without the cooperation of the other unit owners in our building? Getting the other owners to contribute financially will not be easy. What do you suggest?

Answer: Overcome any reticence about disclosing your unwanted guests and talk to your neighbors about the problem before you call the exterminating companies. The neighbors may want to rid their units of the critters also.

If you are able to coordinate with your neighbors, the exterminating companies will probably drop the per-unit cost according to the total number of units that are treated.

Capture some of those critters and then call some exterminators to find out the identity of the pests and obtain bids. The exterminators will be able to determine what type of eradication method is necessary.

Wood-destroying pests or organisms are the responsibility of the association if your association is a condominium, community apartment project (commonly called an “own your own” apartment complex) or a stock cooperative.

In a planned development, as defined in Civil Code Section 1351(k), the individual owners are responsible for termites unless the declaration of the association states otherwise.

A planned development may be responsible if a majority of the members have voted to make the association responsible for treatment and repairs.

For localized treatment in your own unit, boric acid powder is effective against most household pests. You can buy boric acid at any hardware store. Be careful to follow the instructions on the container label and use it only as directed.

Board Needs a Wake-Up Call

Q: My association board seems to ignore regulations and the Davis-Stirling Act that you write about so frequently. Our last reserve study was done in 1994. The board boasts about the $49,000 currently in the reserve fund but the reserve study says that our fund should be $89,000 this year.

Maintenance projects are not being done. Stucco has fallen off the front of the building and the branches need to be trimmed so that further damage to the building is prevented.

What can an owner do to enforce the laws and rules that the board is ignoring?

A: Are you ready to work to get your association on track? You will need to find other owners who are also concerned about deferred maintenance and low reserves.

You and other concerned owners can volunteer to serve on a finance committee with the goal of updating the reserve study. If the board rebuffs your assistance, then you may want to enlist the help of other owners to vote for new directors in the next election.

Obviously the reserve study needs to be updated to comply with state law and the building must be maintained according to the governing documents of the association. These are basic responsibilities of the board.

Inadequate budgeting and failure to accumulate adequate reserve funds is a common problem in associations. However, there are always some owners who want to keep their monthly assessments low and they don’t want the board to spend the reserve funds.

Boards sometimes try to please the vocal penny-pinchers instead of doing what is best for the whole association.

There is no question that the board must carry out the association’s duty to maintain the building. To put it bluntly, the board is supposed to protect the owners’ investment regardless of the owners’ personal views on keeping assessments low.

When the association’s curb appeal is affected, owners lose respect for their property and vandals are more apt to damage it or paint it with graffiti.

There is no state or local agency to make the board comply with the law. If you are unable to convince the board to change their fiscal philosophy, perhaps a letter from your attorney reminding them of their fiduciary responsibilities will be the wake-up call that they need.

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2000 Condo ‘Bluebook’ Available

“The Condominium Bluebook” by attorneys Branden E. Bickel and D. Andrew Sirkin is an excellent resource for condominium associations, planned developments and all other forms of community associations.

The 2000 edition contains concise answers to many association legal questions. The Davis-Stirling Common Interest Development Act and other portions of the California Civil Code, Corporations Code, Labor Code and Vehicle Code that pertain to community associations are included as well as helpful forms and checklists for associations.

The “Bluebook” can be obtained by sending your check made payable to Condo Consulting Services for $22, which includes tax, postage and handling. The cost of five books is $85.

Send your order to Condo Consulting Services, PMB 263, 4790 Irvine Blvd., No. 105, Irvine, CA 92620. Please include your phone number. Allow four weeks for delivery.

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Jan Hickenbottom is a community association management consultant and a founding director of the California Assn. of Community Managers. Send questions to: Condo Q&A;, Private Mailbox 263, 4790 Irvine Blvd., #105, Irvine, CA 92620-1998.