HOA entry into condo for pesticide spraying (2014, apartment)

[JustWannaBeLeftAlone]

I just received a certified letter from my HOA notifying me that there will be a building wide treatment for bed bugs. If I do not provide access to my unit, they are planning to have a locksmith on site to open my unit at my expense. I contacted the pesticide company because I am very concerned about the health risks. The person who answered said the chemical they use is called Tandem and it would involve spraying all my furniture, bed, and the baseboards on four scheduled treatment dates. I do not understand how spraying my personal property is part of maintaining the common areas. Considering my unit has not been affected by bed bugs, this seems extreme. Is this standard in all condominium complexes in Colorado?

[davebarnes]

Have you read the covenants ?

[suzy_q2010]

Originally Posted by JustWannaBeLeftAlone

I just received a certified letter from my HOA notifying me that there will be a building wide treatment for bed bugs. If I do not provide access to my unit, they are planning to have a locksmith on site to open my unit at my expense. I contacted the pesticide company because I am very concerned about the health risks. The person who answered said the chemical they use is called Tandem and it would involve spraying all my furniture, bed, and the baseboards on four scheduled treatment dates. I do not understand how spraying my personal property is part of maintaining the common areas. Considering my unit has not been affected by bed bugs, this seems extreme. Is this standard in all condominium complexes in Colorado?

You do not want bedbugs in your unit. Tandem is certified for use in food preparation areas. Health risks from it are low.

Bedbug control in apartment buildings needs to be aggressive. They would not be treating if one of your neighbors did not have an infestation.

http://www.vdacs.virginia.gov/pestic...es/bb-apt1.pdf

[Dreaming of Hawaii]

Consider this -- if they only treated some of the units, then the bugs would just leave those units and go to the untreated units. Then you'll be complaining that you have bed bugs in your condo. So it's easier, and more practical, to treat all of the units at one time.

[cully]

Here is the Safety Data Sheet on Tandem:
Click here: http://www.syngentacropprotection.com/pdf/msds/a18484a06052014.pdf

I understand your concern. I'm not a chemist, so go through the Sheet , google the chemicals or contact a scientist.

I good friend lived in a neighborhood that was a HOA. There was spraying for something and all around him in every house with a pet at least one in each house got sick. A couple, one being my friend's pet, very sick. A few needed the vet. And the concern of residents chemists was talked about but the hoa went ahead with it. All around my friend there were no children nor very elderly. That can happen in a HOA.

You will likely have to get this done. You should not keep any plant you like and definitely no pet in the condo. You should be sure the temp is cool. But, evenso, I would stay away for a few days. My good friend said he wasn't even told of the date...only a general mention...and had no chance to be away for a while. Me, I would return myself first to check if it was okay for children or pets to return.

[2bindenver]

In my opinion it's better to get this done because an untreated unit would just be a magnet for anything that survived.

I second giving access to the HOA and stay somewhere else for two or three days with all your sensitive belongings. You can change your locks after the spraying for your piece of mind.

[JustWannaBeLeftAlone]

Thanks for all the comments. I'm not worried about bed bugs because I've dealt with them once before and they never came back. I'm more concerned with insecticide on my property. I work at home and I will be exposed to the chemicals 24 hours on some occasions.

I've read the covenants, declarations, rules, etc. They have the right to enter my unit to maintain the common elements, but it doesn't say anything about my furniture and other personal property. If their line of reasoning is that spraying my bed is part of maintaining the common areas, then could they spray me as well? After all, I could track a bug out to the common areas.

Since I own the unit, I think I should have options. I'm willing to pay for my own heat treatment or some other method of pest control. I am also willing to pitch in financially for spraying in other units if that is what the owner chooses. I just want options.

[cully]

Originally Posted by JustWannaBeLeftAlone

Thanks for all the comments. I'm not worried about bed bugs because I've dealt with them once before and they never came back. I'm more concerned with insecticide on my property. I work at home and I will be exposed to the chemicals 24 hours on some occasions.

I've read the covenants, declarations, rules, etc. They have the right to enter my unit to maintain the common elements, but it doesn't say anything about my furniture and other personal property. If their line of reasoning is that spraying my bed is part of maintaining the common areas, then could they spray me as well? After all, I could track a bug out to the common areas.

Since I own the unit, I think I should have options. I'm willing to pay for my own heat treatment or some other method of pest control. I am also willing to pitch in financially for spraying in other units if that is what the owner chooses. I just want options.

Have you suggested the last paragraph to the board or mgr. And say you'll show a receipt, the qualifications of the company, etc.

Tandem is suggested for the homeowner to treat with so it may be your company will be a more professional one. Perhaps only a maintenance man is doing the Tandem treatment.

Many hoa rules have been written long before the days of working at home. You might want to bolster your argument with some sort of reasoning for their having to pay for kicking uou out.

If you have a doctor's note, so much the better.

If you have children, pets or chemical sensitive things you care about...certain plants, etc....you still should not have them in the building for a while after. Actually, I wouldn't want to be there either even if it were the other homes that were done and not mine. The smell can seep under doors and carry into the halls with doors opening.

You may get an argument. People bent on bombarding with chemicals make fun of people more concerned about them, will come early unnannounced and spray with pets on the scene, will show up without proper coveralls or whatever osha says they need for their situation, etc. and think nothing of it.

Keep us posted.

[JohnnyDenver]

Living in an HOA means you will abide by the covenants. Unless they act recklessly and or with total disregard for life, they act in the best interests of the members. You would be hard pressed to mount any coherent sound legal argument against the use of that chemical. I'm not familiar with that chemical, but from what other posters, it appears safe. Further, if it is a recognized chemical to treat bed bugs and has been used for that purpose before, especially by other HOAs, they'll be spraying your unit. Further, it appears they've given you adequate notice to make arrangements if you do not want some of your personal property in the unit on the day they spray.

[Techn0lady]

Originally Posted by JustWannaBeLeftAlone

Since I own the unit, I think I should have options. I'm willing to pay for my own heat treatment or some other method of pest control. I am also willing to pitch in financially for spraying in other units if that is what the owner chooses. I just want options.

Your only smart option is to get a lawyer - and have her write a letter to the HOA if she feels that is legally appropriate. Debating this here will get you exactly zero results. They can probably plop you in a vat of sheepdip until you get a lawyer find out what your actual rights are here and actually do something about it.