Question:
Is the HOA responsible for controlling mosquitos that are breeding in underground boxes (used for electrical wiring, fiber optic cables, phone lines, water lines, etc.) and drainages? County Vector Control came out and identified the problem and advised contacting the HOA because the problem requires regular maintenance. The HOA is dragging its feet, though, in addressing the problem.
– Tena
Answer:
Hi Tena,
It depends on whether or not those underground boxes belong to the association (as in, located in common areas) or if they are located on individual homeowner property. As per Civil Code ยง 4775:
“a)
(1) Except as provided in paragraph (3), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.
(2) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.
(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.”
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