Legal Question in Real Estate Law in Kentucky
I am a condominium owner that just found bed bugs have infested my condo. My condo is one unit of twelve in a building. Two other owners also had their units examined and found that they also have bed bugs. The other 8 unit owners are not interested in having their units inspected and treated if they are identified as positive for infestation. We had a monthly condominium association meeting the other night and i was told this was the individual owners problem and that discussion had to move on to another topic. If the three unit owners treat their units and one or other units are infested we will have wasted our money doing this. Can we force the other Units to have their units inspected and treated if found positive for infestation? Will the county Health Department do this if the condo association will not?
1 Answer from Attorneys
I would have thought your by-laws would address such issues, considering bug infestation is not a unit problem, but a building problem. Generally I have seen that the HOA pays for fumigation, often times with some sort of contribution from the homeowners, but not necessarily. What else are your fees and dues for, if not to address these kinds of issues? I would start with reading your by-laws, and finding a local attorney willing to give you a consultation on the matter. If you have a local fair housing council, you might check with them on the issue.
But, you're absolutely right; if you fumigate and your neighbors don't, you will be wasting your money. You will still have bedbugs.