On November 5, 2014, a pesticide application was applied to the Heatherlea common elements. KPA, in violation of the Condo Act 55-79.80:01 Common elements; notice of pesticide application, failed to post notice of the pesticide application in or upon the common elements. KPA failed to place conspicuous signs in or upon the common elements where the pesticide was applied at least forty-eight hours prior to the application. This failure to act violates Common Interest Community Manager Regulations, specifically:
18 VAC 48-50-190. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board or Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, Chapter 4.2 (§ 55-79.39 et seq.) of Title 55 of the Code of Virginia, Chapter 24 (§ 55-424 et seq.) of Title 55 of the Code of Virginia, Chapter 26 (§ 55-508 et seq.) of Title 55 of the Code of Virginia, or Chapter 29 (§ 55-528 et seq.) of Title 55 of the Code of Virginia, or engaging in any acts enumerated in §§ 54.1-102 and 54.1-111 of the Code of Virginia.
7. The intentional and unjustified failure to comply with the terms of the management contract, operating agreement, or association governing documents.
10. Egregious or repeated violations of generally accepted standards for the provision of management services. (see prior complaint of failure to provide notice of pesticide application and finding against Shenandoah Landscaping regarding violations of federal pesticide laws)
13. Failing to disclose to the association material facts related to the association’s property or concerning management services of which the regulant has actual knowledge.
17. Failing to act in providing management services in a manner that safeguards the interests of the public.
A complaint against KPA has been filed with the Common Interest Community Board.