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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:

1.  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.

2.  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.

Adams Stirling PLC