Legal Question in Real Estate Law in Georgia

Neighbor has a wasp infestation that has spread to my home due to their lack of hiring some to take care of the problem( almost a month). Paid for a pest control to come to my home which cost me a hefty amount. He returned but indicated the problems are coming form the neighboring property that has holes that are visible. Due to their lack of hiring an exterminator, it has developed and unhealthy environment due to my back gate is in close proximity and the only area where I can walk on a flat surface. The nuisance section indicates " It shall be the responsibility of each owner and occupant to prevent the development of any unclean, unhealthy,...on his or her property." Maintenance & Upkeep section : Lots must be clean, mowed , mulched , edged free of debris,... kept in a good state of repair." Either of these section can be used to enforce the infestation ? Correct ? HOA claims that this is a neighbor to neighbor problem. Don't agree.


Asked on 7/13/17, 1:27 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You're likely legally wrong. Insects are an "act of God" and unless your HOA specifically has language that requires people to kill insects as opposed to the general language youmention, your remedy is to exterminate those on your property. I don't know of any court case in Georgia history where a court has ordered anyone to kill a wasp.

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Answered on 7/14/17, 9:45 pm


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