North Port, FL asked in Contracts, Civil Litigation and Real Estate Law for Florida

Q: Should my HOA inform us if they are using a toxic chemical for yard services (i.e. Round-up) ?

5 Lawyer Answers

A: There's no law that requires the HOA to inform you.

2 users found this answer helpful

A: Maybe, but there’s no legal requirement to do so.

Round-Up provides a great illustration why. The FDA has determined that Round-Up is not harmful to humans after very extensive research and analysis. Yet there are some who disagree. There is even litigation over this particular product.

When medical experts and toxicologists disagree over whether a product is harmful, an HOA is probably not qualified to weigh in.

1 user found this answer helpful

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Yes - if you request the information and that info is in their possession, but otherwise, probably not. Request copies of all contracts with such service providers, all invoices, all receipts for items purchased for the services, all documents showing materials and chemicals used, and whatever other documents you think might be relevant (going back as far as 7 years if you wish). If those materials don't reveal the answer, ask the board to request the info from the service provider.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: In some regions, pesticide or herbicide application involves the placement of small flags or signs as a form of notice. The idea is to protect adults, children, and pets from exposure to freshly applied areas. Good luck

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: I am adding to my prior answer here. I discovered that the Fla. Dept. of Agriculture and Consumer Services maintains a registry of persons wishing to be notified of the use of pesticides on properties adjacent and contiguous to the person’s primary residence. If your application to get on the registry (which requires a small fee) is approved, those using the pesticides must give you at least 24 hours notice, including disclosing the type of pesticides used. You might need a physician's note to get on it. Contact the department for details and requirements. Here is a link to the online application: https://forms.fdacs.gov/13609.pdf

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