The Need For Bees
Need for Apiaries. Honey bees are the world's most important pollinator of food crops. One-third of the food we consume relies on bee pollination. Tragically, bee colonies are collapsing at an alarming rate due to pesticides, parasites, and disease. To offset that, there is a push to place more bee hives ("apiaries") in both rural and urban environments.
In HOAs. Because homeowner associations make up such a large portion of California's housing market (~50,000 associations with over 9 million residents), they are being asked to place apiaries in their developments.
Bee Stings. There is a lot of resistance to apiaries because most people are frightened by bees. They are afraid of being stung. In reality, honey bees are not inclined to sting people. Unlike other stinging insects that sting and fly away, honey bees die after stinging. Their sting, while painful, is relatively harmless. In most, the swelling and pain go away within a few hours. However, for those with sting allergies, it can trigger a reaction that is potentially deadly. Thus, the difficulty in establishing apiaries in urban developments — people fear being stung, and associations fear potential liability.
Insurance. Because of potential claims, it is important that associations entering into arrangements with beekeepers have legal counsel review the company's insurance. Not all insurance is created equal. I recently reviewed a policy for an association and found so many exclusions it rendered the insurance meaningless. Proper insurance can minimize an association's potential exposure.
Recommendation: When it comes to apiaries, urban developments are more problematic than rural settings. The higher density of people and structures put bees in closer contact with people. Depending on the insurance, boards may wish to consider an apiary in their development.
Wasps
QUESTION: We have wasps in the common areas but management refuses to do anything about them. What can we do?
ANSWER: The duty to keep the common areas safe ultimately rests with the association through its board of directors, not the manager. The manager may be taking direction from the board not to do anything about the wasps. There could be two legitimate reasons for the association's failure to take action:
Paper Wasps. Not all wasps are bad. Paper wasps do not sting and are not aggressive. They actually do a service by eating insects. Yellow jackets are another story. They are a pest, can be quite aggressive, and have a nasty sting.
Non-Nesting Wasps. The wasps could be passing through, i.e., they are not nesting in the common areas. They could be nesting off-site and visiting flowers in the association's common areas or simply passing through on their way to their nest. If so, there is no effective way for the association to eradicate them.
Common Area Nests. If the wasps are yellow jackets and they are nesting in the common areas, the association needs to call pest control. The board has a duty to reasonably protect the safety of residents.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.