“Pests & Infestations: Eight Considerations for Community Associations” – KSN attorney Joseph Scharnak reviews how community associations can best manage and prevent the spread of pest infestations. (10 mins.)

The KSN Podcast examines various aspects of association law, landlord/tenant issues, property tax appeals, and more. In each episode, KSN attorneys share their experience and knowledge as they discuss legal updates, best practices, industry trends, and more. KSN Podcast episodes are available at www.ksnlaw.com/podcast.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collectionslandlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

For more info about our law firm and legal services, please visit www.ksnlaw.com

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Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collectionslandlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

For more info about our law firm and legal services, please visit www.ksnlaw.com.

 

Episode Transcription

Nikki: You’re listening to the KSN podcast and today we’re talking about the dreaded pest related issues in community association. Welcome to the KSN podcast where you’ll hear from KSN attorneys as they share their experience and insight on legal issues surrounding community associations, collections, property tax appeals and landlord tenant law. I’m Nikki and today we’re joined by KSN attorney Joseph Scharnak. Joe practices, condominium, townhome and homeowner association law, as well as landlord tenant law and commercial real estate. Hi Joe, welcome to the podcast.

Joseph: Hey, Nikki. It’s great to be here.

Nikki: So our topic today is pest related complaints within community associations. And I think we can all agree that those are something that no board member ever really wants to deal with.

Joseph: That’s right, Nikki. When the temperature changes community associations often see a rise in the number of pest related complaints. Determining the best way to deal with such complaints can be a challenge for board members and property managers who have to juggle a variety of competing interests in order to best serve their communities. Condominium, homeowner and townhome associations can seek to avoid the significant damage and major inconvenience caused by pest infestations by following these recommendations that we will be reviewing today.

Nikki: All right, Joe. So they say that knowledge is power. What can associations do to educate their residents or owners?

Joseph: Associations are encouraged to provide residents with an annual reminder of the best practices for preventing pest problems which include proper storage of food, waste removal, and property maintenance. In addition, residents should be provided with information that helps assist with early identification of potential pest problems and instructions for properly reporting and responding to pest sites.

Nikki: And if we educate our neighbors, we surely want them to report an issue if and when there is one, right?

Joseph: Absolutely. In the fight against pest infestation, rapid reporting and appropriate responses are the best practice. It is essential for associations to encourage residents to report potential pests’ issues as soon as possible and also discourage any self-help attempts. Too often associations put more focus on [Inaudible: 02:15] residents who experienced pest issues rather than encouraging residents to come forward when there’s a concern. Unsurprisingly, this can resolve in residents failing to report pest issues and or attempting to resolve pest issues on their own. Both of these are wildly responsible for minor pest problems quickly becoming major disasters.

Nikki: So we went ahead and we’ve educated our owners and we’ve encouraged them to report any issues that they might see, what would be the next step?

Joseph: Next, the association would want to consider hiring a reputable contractor. Any attempt to prevent or eliminate a pest problem is only going to be as good as the person who’s providing the services. Associations can be best protected against pests when proper prevention and extermination services are performed by licensed and trained professionals. Associations should always engage reputable vendors who are licensed to use the most effective proven methods. Associations should also avoid asking their maintenance staff to go out and use consumer grade products that they picked up in their local HomeGoods or [Inaudible: 03:11].

Nikki: Joe and I are going to take a quick break but when we get back we’ll continue discussing the proper precautions community associations can take to handle any pest control issue.

Michael: I’m attorney Michael Kreibich and I’d like to ask if you’ve downloaded the KSN app. Here are some of the apps features: 24/7 real-time access to KSN collection status online portal featuring updates on active collection, foreclosure and landlord tenant matters, articles and booklets authored by KSN experienced association tax and landlord tenant attorneys, access to our schedule of upcoming educational events and you can view snapshot profiles of all KSN attorneys with contact info and mobile accessibility. The KSN app is now available for free download in the iTunes app store for your iPhone and iPad. The app is also available for free download in the Google play store for your Android phone or Android tablet, just search for Kovitz Shifrin Nesbit. We invite you to download the KSN app and learn what our law firm can do for you. We look forward to demonstrating how Kovitz Shifrin Nesbit has earned the trust of thousands of clients over 30 years.

Nikki: And we’re back. I’m here with attorney Joseph Scharnak and we’re discussing pest infestation. Now, Joe, we talked about what to do if there end up being an infestation problem in your association, let’s shift gears a bit and talk about ways that your community association can prevent this situation from ever even happening.

Joseph: That’s right. The best way to avoid a pest infestation in your association is to take preventative measures to avoid it from happening in the first place. While it can be impossible to entirely prevent all pest infestations, preventative maintenance measures performed on a routine basis can go a long way towards stopping the problem before it even starts.

Nikki: You would say budgeting for pest control services would constitute as a preventative measure, right?

Joseph: For sure. Boards often strive to avoid any increase in assessments when they’re planning for the annual budget and when they do so they look for opportunities to trim the budget. In this regard things such as preventative pest control could seem like a non-essential as compared to other surfaces such as keeping the lights on and making sure the garbage gets taken out. However, when associations do trim their budget and try to get rid of some of these non-essential services, they should be mindful that failing to include proper funding for pest control prevention services is a gamble and in the long run taking away pest control preventative services might resolve in unbudgeted for expenditures in the future if the association does experience a pest infestation problem.

Nikki: Are there any documents that an association could use as leverage when dealing with a pest infestation?

Joseph: Generally the document that would be used is the association declaration and the board would strongly enforce that already in the declaration. It should come as no surprise that pests thrive in unsanitary conditions and may have associations face the challenge of dealing with certain residents who happened to live in what we considered less than desirable conditions. Nearly every declaration contains a covenant which requires residents to leave their homes in good order and repair. In order to mitigate the possibility of an unkempt home being the source of pest infestation associations has to be vigilant about policing this covenant and when they learn of, find out about, have suspicions, anything regarding a home that may be unkept or not as tidy as one would like it to be, enforcing this covenant so that there be preventative measures in place to prevent pest infestations before they get out of control.

Nikki: And what would you recommend for board members or property managers who are looking for more guidance on this issue?

Joseph: Having a written pest management in place would be a great idea. Some municipalities like the city of Chicago actually mandate that all kinds of condominium associations have a pest management plan. Outside of the city of Chicago associations would be well-served to follow suit and implement pest management plans even when they’re not required to do so by law. A successful pest management plan provides for regularly scheduled preventative treatment, education, mandatory reporting requirements, treatment, inspection and enforcement policies. Pest management plans should also establish who is responsible for arranging and paying the cost of extermination services under a variety of different scenarios. For example, an association may determine that a resident who reports a single bedbug at the first available opportunity is not the same as a hoarder who only gets discovered when a neighbor’s unit is already infected with a bedbug infestation.

Nikki: And Joe, how can an attorney like yourself help a community association with an issue like this?

Joseph: A skilled community association lawyer can be a valuable resource to assist the boards who make pest control a priority. Community association lawyers are familiar with the practical aspects of pest control, [Inaudible: 07:55] buildings, and can be instrumental in helping develop an effective pest preventative plan. The association’s legal counsel should also be consulted before an association enters into any recurrence or long-term pest control contract. Moreover an association’s attorney should call upon, should the board find it necessary to enforce the association’s declaration against the unit owner that puts the other residents and the community property at risk.

Nikki: That was KSN attorney Joseph Scharnak. He practices condominium, townhome and homeowner association law, landlord tenant law and commercial real estate law in the city of Chicago and surrounding suburbs. KSN is an experienced legal resource ready to provide you with quality advice and exceptional service. We look forward to demonstrating how we have earned the trust of thousands of clients over the past 35 years. If you’d like to reach Joseph Scharnak or any one of KSN experienced attorneys, please call (855) 537-0500. You can also visit ksnlaw.com and complete the contact form to send a message. Thanks for listening.

Outro: The music for this show is brought to you by freepodcastthemes.com. Please note that the material contained on the KSN podcast is for informational purposes only and does not constitute legal advice. No attorney client relationship is established by your review or receipt of the information contained on the KSN podcast. You should not act on the information discussed on the KSN podcast without first obtaining legal advice from an attorney duly licensed to practice law in your state. While Kovitz Shifrin Nesbit has made every effort to include up-to-date information on the KSN podcast, the law can change quickly. Accordingly, please understand that information discussed on the podcast may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete or up to date. Kovitz Shifrin Nesbit reserves the right to revise or update the information and statements of law discussed on the podcast at any time without notice and disclaims any liability for your use of information or statements of law discussed on the podcast or the performance of the podcast, generally. KSN podcast may be considered advertising in some jurisdictions under applicable laws and or ethical rules and regulations.

 

Please note the material contained on the KSN Podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained on the KSN Podcast. You should not act on the information discussed on the KSN Podcast without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information on The KSN podcast, the law can change quickly. Accordingly, please understand that information discussed on the podcast may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed on the podcast at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the podcast, or the performance of the podcast generally. The KSN Podcast may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2020 Kovitz Shifrin Nesbit, A Professional Corporation.