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By CondoAssociation.com • December 30, 2015

Insects in walls, who should pay for pest service?

insects-in-condo-walls.jpgI own a condo in San Bernardino, California. My condo is situated in a two story building which is one of several buildings in the entire complex.

I was contacted by an absentee owner a few days ago, wanting me to participate in eradicating insects that he says are “residing in the walls throughout the building.” He wants to get all the owners of condo units within this building to come together and employ a pest control company to come and eradicate the insects within the building. He says he has spoken with all the other owners in this building and they are all experiencing exactly the same problem with insects, including ants, bedbugs, roaches, etc.

I do not have insects in my unit. I am, however, very concerned if indeed there are insects of this nature throughout the building walls.

I spoke with a member of the HOA board as well as the HOA’s employed management association and both say this is not the problem for the HOA. Rather, they say, individual owners are responsible for eradication of insects and pests within their own units.

It is my understanding, as a former member of this HOA board of directors and from speaking several years ago with the association attorney (who is no longer employed by the association) that individual owners' ownership rights are limited to the inside of their condos and not the inside of the common walls that separate units.

If this is correct, then it would seem that eradication of insects and pests residing within these common walls are the problem and responsibility of the HOA and not individual owners.

Am I correct or not? I need some input on this.

Thank you for any information you may be able to provide!

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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