Civil Code section 4777
(a)
For the purposes of this section:(1)
“Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.(2)
“Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf.(3)
“Broadcast application” means spreading pesticide over an area greater than two square feet.(4)
“Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery.(5)
“Licensed pest control operator” means anyone licensed by the state to apply pesticides.(6)
“Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.(7)
“Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).(b)
(1)An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:(A)
The pest or pests to be controlled.(B)
The name and brand of the pesticide product proposed to be used.(C)
“State law requires that you be given the following information:(D)
The approximate date, time, and frequency with which the pesticide will be applied.(E)
The following notification:(2)
At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1).(3)
(A)At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area.(B)
If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied.(4)
Notice to tenants of separate interests shall be provided, in at least one of the following ways:(A)
First-class mail.(B)
Personal delivery to a tenant 18 years of age or older.(C)
Electronic delivery, if an electronic mailing address has been provided by the tenant.(5)
(A)Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time.(B)
(i)Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used.(ii)
With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice.(6)
A copy of a written notice provided pursuant to paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide.
Source:
Section 4777, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=4777. (accessed May 14, 2025).