Neighbor keeps bringing in bed bugs - and they are spreading. Do I need a lawyer?

Question

I have a situation in a condo building (100 units) where on the floor where I own a unit lives a hoarder who constantly brings in trash from the street and with that bed bugs into the building. Management has been slow and ineffective to address the issue and now they spread to multiple units including mine.

The condo is bearing the cost of the cleanup for now, but my big concern is that the hoarder will keep doing this and my unit is going to be at risk long term, affecting rental/sales value.. Management has involved the condo lawyer now because she is not cooperating, and also started involving Adult Protective Services. All this will take a long time probably. Can I directly sue the hoarder (she owns her place free and clear and is current on all payments), as well as condominium, managing agent, maybe even the long term building extermination service who knew about this and failed to resolve it? Any lawyer who has direct experience with this issue please let me know.

I could join up with other affected unit owners.

Rich Chavez · Answer

Technically you can.  In my opinion, I would just go to the HOA board meeting and have a conversation with them first.  Tell them about your expenses and what steps you are planning to take going forward if they do not act soon.   Suing a homeowner that needs Adult Protective services may not go far.  Just cause they own the Condo out right doesn't mean she/he has money to pay for damages.  Suing the HOA/Management is almost like punishing yourself.  If you sue the HOA most lenders will stay away from financing future purchases/ refis.  if it gets into litigation.  When this happens prices will drop because lenders/buyers will feel uneasy.   Everyone in the HOA will suffer.  From being in RE for over 10 years this is my opinion.

Nathan Gesner · Answer

It sounds like the HOA is trying, but they are slow and ineffective. I would get neighbors to put pressure on the HOA to speed up the process or face a lawsuit.

Ned J. · Answer

Don't you just love HOA's? They can be absolutely horrible nit picking , nosey, in all your business PITA, fine crazy whackos.....or completely absent, do nothings deadbeats.

I would push HARD on the HOA....over and over and over..... its their job to enforce the rules and take action if they are not followed. Just when you need an HOA to be aggressive, they aren't....

I dont think "sealing up" your doors etc is going to do anything. From my understanding bed bugs dont travel far, so I dont think they are crawling from the common area and into your unit.  I would be aggressive with regular pest control service.

Mohammed Rahman · Answer

Hi @Dirk S.- you should absolutely get in touch with other unit owners for this and organize a petition to the board.

As far as I know, condo/co-ops will often be required to provide bedbug certifications to the new buyers before a sale is completed.

This affects your potential future sales and property valuations.

You're not being a stickler, it's just common sense to also avoid infestation and people getting sick.

Dirk S. · Answer

Thanks for every reply. the condo board (HOA) is trying, but they are not getting anywhere fast because the hoarder is not cooperating. As mentioned is with the building lawyers right now.  This is probably going to take quite some time. In the meantime she continues to do her thing, risking more bed bugs spreading.

Therefore, apart from legal options, I would like the HOA to pay for reinforcing my apartment door. It is out of alignment and there are gaps the bugs could walk through. I also want to insulate all around the frame so it creates an airtight seal. I think this is the HOA's responsibility, because I believe the door is part of the common areas in a condo building, and they should protect me from future infestations, since the issue with the hoarder looks like its going to be a while. Additionally the agent was negligent, not addressing the situation for over 6 months. Is it reasonable to ask the HOA for this measure?

Dirk S. · Answer

Your second version fits our HOA perfectly. Total corruption and incompetence. Yes, pushing as much as I can. Trying to get others involved. I am noticing there is a sort of apathy with some other owners, its difficult...

Actually I read they can crawl 30 feet in one night. The exterminator seems good, one thing at least in the positive column.

Dirk S. · Answer

Of course that is completely agreed, however the big problem here is that this is some sort of obsession, hoarders do what they do - bring in more trash, its like an addiction. It is with the building lawyers but I am not hopeful that will change her ways. The best way I see is hitting her in the pocket book. And protect my unit best I can. The hallways here are not something where people hang out, they come off the elevator and go to their units.Unfortunately her unit is right across from  of the elevator. Could we have picked them up by walking there? Sure, its possible but I still think they walk around into other units more likely. To further protect myself I now take the elevator to one floor below and walk the stairs up which avoids her area.

Dirk S. · Answer

There is a clear timeline of infestation, the exterminator at the time reported that the hoarder  was infested 6 months ago (and it was not addressed by management). Then in July it had spread to her direct neighbor to the left, and subsequently  it hit the hallways, and finally me who is further down the hallways. Of course there is no ultimate proof, but that is a strong evidence. I would assume that her side would argue what you are saying though - this is why I would like to know if there is anybody, lawyer or not, who has dealt with this before.

Matt Devincenzo · Answer

I doubt that they are spreading themselves or that sealing up your unit like bubble boy will prevent the bed bugs. What is likely happening is she has them in her unit, or on things she brings in like you mentioned. Then when she is out in common areas some end up left behind and other residents pick them up when they are using the space later. That's how they spread, by someone sitting in a chair where they are, or laundry with them on it getting washed and they drop off. So unfortunately the only way to resolve this is to first stop any new BB coming in, and then treat to eliminate the existing infestation. Even if she never brings another item home, if she hangs out where they are then she can end up bringing them back in on her clothes.

JD Martin · Answer

How are you going to prove the neighbor brought bed bugs in that spread to your unit?

Neighbor keeps bringing in bed bugs - and they are spreading. Do I need a lawyer?

Most Popular Reply