Complaint: No Notice of Pesticide Application

Allegations: On May 9, 2014, ValleyCrest landscaping blanket sprayed pesticides to Heatherlea property violating notification laws and breaching their contract with the Association. KPA failed to notify the community of the pesiticide application breaching their contract with the Association. Heatherlea failed to notify the community in violation of the Virginia Condo Act:

§ 55-79.80:01. Common elements; notice of pesticide application.
Unit owners’ associations shall post notice of all pesticide applications in or upon the common elements. Such notice shall consist of conspicuous signs placed in or upon the common elements where the pesticide will be applied at least forty-eight hours prior to the application.

Failed to provide notification of pesticide application:
Name: HEATHERLEA OF ARLINGTON A CONDOMINIUM
License Number: 0550001367
License Description: Common Interest Community Association Registration
Address: 6402 ARLINGTON BLVD. SUITE 700
FALLS CHURCH, VA 22042

Applied pesticides without providing notification in violation of the law, breaching contract with Heatherlea (prohibited act by the Board of Contractors):
Name: VALLEYCREST LANDSCAPE MAINTENANCE INC
License Number: 2705100115
Class Definitions Contractor Class A
Address: 24151 VENTURA BLVD
CALABASAS, CA 91302
Also did not put license number on contract with Heatherlea (prohibited act by Board of Contractors)

Board of Contractors Regulations

The following are prohibited acts:
Negligence and/or incompetence in the practice of contracting or residential building energy analyses.
Misconduct in the practice of contracting or residential building energy analyses.

Manages Heatherlea Condominium and failed to provide notification in violation of the law, breaching contract with Heatherlea (prohibited act by regulatory Board):
Name: KLINGBEIL POWELL & ALRUTZ INC.
Doing Business As: KPA MANAGEMENT
License Number: 0501000120
License Description: Common Interest Community Manager Address:
6402 ARLINGTON BOULEVARD SUITE 700
FALLS CHURCH, VA 22042

Heatherlea is represented by Rees, Broome and KPA management as are many of our neighbors. This is the Heatherlea attorney’s response and follow up e-mails from Virginia regulators and Beyond Pesticides to the allegation Heatherlea violated the Pesticide notification law:

From: Kim M. O’Halloran-Perez [mailto:kohalloran-perez@reesbroome.com]
Sent: Monday, May 12, 2014 10:27 AM
Subject: Heatherlea – Herbicide MSDS

…Further, in regards to your postings to the blogs in the area, the provisions of the Condominium Act that require advance notice of treatments apply to pesticide not herbicide treatments.

Sincerely,
Kimberley M. O’Halloran-Perez, Attorney at Law
Rees Broome, PC
1900 Gallows Road
Suite 700
Vienna, Virginia 22182
(703) 790-1911 (main phone)
(703) 790- 6277 (direct)
(703) 848-2530
Email: kohalloran@reesbroome.com

From: Filipy, Frank (VDACS) [mailto:Frank.Filipy@vdacs.virginia.gov]
Sent: Monday, May 12, 2014 10:56 AM
Subject: RE: Alleged Pesticide Use Violations

Yes, any product that makes claims to repel, kill, destroy or mitigate any pest are considered pesticides. Herbicides are pesticides.

Frank Filipy
Pesticide Investigator
VDACS Office of Pesticide Services
Fairfax Field Office
703 324-5321 o
703 501-7283 c

From: Drew Toher [mailto:dtoher@beyondpesticides.org]
Sent: Monday, May 12, 2014 11:40 AM
Subject: Re: FW: Heatherlea – Herbicide MSDS

Ms. O’Halloran-Perez is incorrect in her assertion that herbicides are not pesticides.

Virginia Code § 3.2-3900. Definitions.
“Pesticide” means: (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, other forms of plant or animal life, bacterium, or viruses, except viruses on or in living man or other animals, which the Commissioner shall declare to be a pest; (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (iii) any substance intended to become an active ingredient in any substance defined in clause (i) and (ii).

Beyond Pesticides strongly suggests that Heatherlea begin working towards safe and healthy land management practices that do not employ hazardous synthetic pesticides. Please extend our invitation to your homeowners association that we would love to work with them to go pesticide-free, as localities across the country have. We would be open to press events, and covering them in our Daily News blog. We love to highlight these changes and success stories!

We can be contacted at 202-543-5450 or my email, dtoher@beyondpesticides.org

Thanks for forwarding. We hope that this is a wake-up call that changes are needed in Healtherlea.

-Drew T.

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