Questions & Answers on Common Issues for HOA Homeowner Associations

Question:

A guest of one of our residents was sitting outside a condo eating a smoothie yesterday when our grounds crew started to spray Ortho Weed-B-Gone on the grass approximately 10 feet from where he was seated.  He claims to have suffered blurred vision, migraine-type headache above right eye, raw throat, chest pains, and nausea.  He is seeking reimbursement for clothing he claims to have destroyed and help with the emergency room bill he encountered.  I know you are not an attorney; but, I am asking what the policy is in condo associations with regard to spraying a relatively innocuous lawn product such as Weed-B-Gone.  We are trying to decide whether it is best to turn it over to our insurance company, write a letter of apology, put up signs in the future that we will be spraying, or to offer some remuneration with a disclaimer for further liability.  We are also checking into what local companies do when spraying.  Any suggestions you may have would be greatly appreciated.

Answer:

Anyone who sprays pesticides are required to be licensed and notice is to be given.  No matter how little you spray.  If your employee is not, both the association and your employee may be liable.

Contact your insurance agent and notify him of your situation.  The association most likely has a medical rider to take care of such claims.  Your refusal to try and help with the cost could bring in an attorney for the "Injured." Then it really gets expensive.

If the cost is pretty low, the Board my want to just pay the costs from the association operating funds, thereby avoiding a claim with the insurance.  But whatever you do you should always notify the Insurance Agent and let him tell you what the next step should be.

If it was an outside landscape contractor who did the spraying then the homeowner and the association can go after them, whether or not they are licensed.  I would be very careful on this as it could turn ugly.

Question:

Our association, at the president's urging, has just replaced its second management company in less than a year; he has hired his common-law wife to manage the property, his father to make repairs, his sister to take minutes of meetings.  He has appointed Board members without votes of the Board.  What steps might the Board take to control this individual?

Answer:

The Board President has a direct conflict of interest and should remove himself from the board or terminate his family members.

You can have the board call a special meeting of the members by submitting a petition signed by 25% or the owners to discuss this conflict, all in accordance with Arizona Revised Statutes.

If nothing changes, you can do the same to remove a board member.