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 Bugging Out 

Common Ground 
 

What should associations do when confronted with a bedbug infestation? 
 

The following article originally was published in the September/October 2011 issue of Common Ground.

The diminutive bedbug—a parasite that feeds solely on the blood of sleeping humans and animals—has been causing big headaches for condominium association managers.

Bedbugs, which are typically bigger than a poppy seed but smaller than the size of Lincoln’s head on a penny, can go several months without feeding and are carried into homes in luggage, clothes, bedding and furniture. They live in the seams of mattresses, electrical outlets, inside cracks and crevices, behind wallpaper and any other object near their next meal. Thankfully, the pests are not known to transmit disease, but they can leave behind small, itchy bite marks, cause sleep loss and infest buildings in no time.

In response, insurance companies have begun offering bedbug coverage, owners are claiming trained dogs can spot the pests and managers are keeping exterminators’ phone numbers handy. Residents also are sounding the alarm if they think they’ve been infested.

“We had a scare, but no infestation in any way,” says one condominium manager who wished to remain anonymous. “We had a resident who contacted me several times expressing concern about potential infestations.”

He wanted the association to hire a bedbug-sniffing dog and conduct seminars. He said he spotted one on a wall in his unit. When the association hired an exterminator to investigate, no infestation was found. A few months later, it happened again. “This homeowner was so panicked and so filled with misinformation,” the manager says.

Whether there’s a reason for concern or not, associations need to have a plan in place. Bedbugs have been found in five-star hotels and resorts and the most luxurious condominiums. Their presence is not an indication of cleanliness or living conditions.

Susan Fitzpatrick, CMCA, AMS, director of residences for The Residences at The Ritz-Carlton, Westchester, in White Plains, N.Y., has never had a bedbug problem, but informs residents to immediately contact management if an infestation is suspected. “If one unit is infested, there’s a chance all adjacent units—up and down, side to side—are also infested,” says Fitzpatrick. “The neighbors need to be informed, and their units need to be checked and professionally treated if an infestation is found.”

Victoria J. Garner, CMCA, AMS, senior community manager for Cardinal Management Group in Woodbridge, Va., says associations have a responsibility to respond when an infestation is reported. “These things can spread so easily and cause thousands of dollars in damage and treatment,” she says.

When an owner reported a potential infestation at one of the condominiums Garner manages, the owner selected her own exterminator. Luckily for everyone in the building, it was a false alarm. “I requested proof from the owner to show that her contractor reported no problems,” she says.

Garner posted reminders and distributed informational fliers to residents. She says the association was prepared to pay for inspections. The cost of extermination, however, could fall to the association or owner if the source of the infestation can be determined. However, it’s incredibly difficult to identify who introduced bedbugs into the building because the so-called source may have been the first to find them. And some people aren’t allergic to bedbug bites; they might not even know there is an infestation.

Garner recommends that the association perform the extermination, and the board can vote on whether to charge the owner.

Fitzpatrick says it’s critical that the board and manager—at a minimum—recommend a professional exterminator and supervise the treatment if a unit needs it. A reputable exterminator is critical. “Avoid companies that have ‘bedbug’ in their name. Many companies have formed in light of all the recent publicity on bedbugs and may not always act in the best interest of the homeowner,” she advises.

Reader Comments

Re: Bugging Out

HUD issued a notice on the matter in August 2011. The notice can be googled as "HUD Notice on Bed Bugs 2011-20". Even though it is directives for rental agents/owners of subsidized housing, the memo has good information and several web sites that can be used for facts and information in addition to the ones already mentioned.

For our owners with rental communities, we developed and have all new move-ins sign a bed bug rules and regulation/pest free certification form, provide a prevention tips sheet and a list of housekeeping standards witht their welcome packet. This covers all the facts up front. If we have the exterminator confirm a bed bug case, we then provide them a comprehensive, easy to follow list of how to avoid the spread in addition to the preparation list our exterminator provides occupants for their treatments.

Every exterminator uses or has a different method of combating the problem. Using the same methods consistently will prove the best results.

They also now have these dandy Bed Bug moats that are chemically treated and can be placed under the footings of your bed. If a unit has a problem, they will see them caught in the moat. It can also provide piece of mind for the person who is most concerned about them. Most extermintors are selling these now as well.

I would never but anything OTC and bug bombs can create bigger hazards if you have gas service.

Being proactive and communicating is essential and necessary to avoid problems later.

Amy Phillips on 03/23/2012 at 13:31

Re: Bugging Out

I read with interest the article on bedbugs, but was appalled at the suggestion that associations are somehow responsible for dealing with the problem. As the article duly notes, it’s virtually impossible to determine the source of an infestation. If an infestation of bedbugs—or any other pest—is not due to the negligence of the association, the use of common funds to resolve issues in fewer than all the units may be contrary to the dictates of the governing documents and could subject the board to a lawsuit.

Also, I don’t believe associations should engage a contractor to perform work in a unit if it is the unit owner’s responsibility. This supposed “courtesy” regularly results in the association trying to recoup its outlay of funds, which sometimes requires litigation. In addition, I believe associations should eschew contractor “recommendations” or the creation of an “approved contractor” list, because an owner having a problem with the contractor may involve the association in the dispute.

Associations should alert owners about potential problems, distribute information, identify websites where additional information can be found and suggest owners get help from responsible contractors that are capable of inspection, remediation or both. If common elements are infested, the board or management should treat the infestation and advise neighboring owners to check and treat their units. If an owner fails to act in a reasonable and timely fashion—and the common elements are re-infested—the association may be able to recoup remediation costs. It also may be able to enter a unit to deal with the infestation at the owners’ expense.

P. Michael Nagle, attorney, Nagle & Zaller, Columbia, Md.

P. Michael Nagle, Esq. on 12/21/2011 at 14:39

Re: Bugging Out

While I understand Mr. Nagle’s position, the issue of bedbugs becomes complicated because they do not respect unit boundaries. Unit owners who try to combat the bugs on their own (particularly those who attempt to use bug bombs or sprays) run the risk of simply chasing them into the walls and to other units, as well as the common areas. As we have shared hallways and also shared laundry facilities, these become prime areas for unsuspecting owners to catch hitchhiking bugs and bring them into their units.

Reading the excellent publications—What’s Working for Bed Bug Control in Multifamily Housing: Reconciling best practices with research and the realities of implementation by the National Center for Healthy Housing and The Bedbug Book: The Complete Guide to Prevention and Extermination—confirmed what our association has experienced: diligent unit owners being re-infested because other owners still harbor the bugs.

The association needs to contract for inspection of any unit identified as having bedbugs, all adjacent units above and below, and the common areas in the building, to identify the extent of the infestation. Then, a coordinated extermination can be attempted with one or more follow-up inspections until all the bugs are gone. The owners have to be engaged since they may have to treat, launder or remove their possessions and should pay for the extermination of their units. But who is at fault if residents are repeatedly re-infested by others in their building? I’m not a lawyer, but I suspect that the association could be considered at fault for allowing the situation to continue. The association, of course, must ensure that the hallways and other common areas are clear.

The association should stand with the owners in helping them get rid of the bugs, rather than just distributing information. If a property does not promptly deal with the problem and get rid of the bugs, units will be more difficult to sell or rent.

Dorothy Firsching, president, Talltree South Condominiums, Fairfax, Va.

Dorothy Firsching on 12/21/2011 at 14:36

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