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HOA question about dangerous practices?

If you're a homeowner in a HOA community and discover the HOA is allowing a dangerous or toxic activity, do you have the right to demand they stop, even if no one else complains?

For example, you learn the gardening crew is using a toxic pesticide within 2 feet of your home. Can you demand they stop, or is it "tough luck" since the outside is considered common ground?

The pesticide might be "legal", but it's not meant to be used in a residential environment, or perhaps not meant to be used on a weekly basis.

Do you have any legal rights?

3 Answers

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  • 7 years ago

    Being in an HOA doesn't give you any more legal choices.

    If you own the yard then you should be able to deny the service, but the HOA can require you to keep up the maintenance - including adequate pest control at your own expense.

    If you don't own the common ground then there's not much you can do except go to the HOA and present your concerns.

  • 7 years ago

    If the pesticide is "legal" and being applied appropriately, you don't have an argument to force the HOA to stop using it.

  • Anonymous
    7 years ago

    You'll need facts to back up your assertion that something is being dangerously misused.

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