Residents take on homeowners assn. board to stop fumigation

Concerned with a looming termite fumigation in their community, some residents of the Newport North Townhomes are planning to confront the homeowners association board of directors Wednesday to recall the four members.

The residents who oppose the tenting of the 23 buildings in the community — a combination of condo owners and renters — say the board is ignoring their health and environmental concerns regarding Vikane, which is used to kill termites.

“We voted on an assessment to pay for this, but there was no vote at all on the type of treatment to eradicate the termites,” Newport North homeowner Cindy Dupuie said. “Apparently, the board looked into it, and they felt the best way was to fumigate and, well, there’s some problems with that.”

Dupuie and some of her neighbors collected more than 71 signatures — there are 121 units in the community — of residents who disagree with the board’s decision.

“You know, you’re messing with people’s health, and not only do you introduce chemicals into each individual dwelling, you’re also exposed to airborne chemicals and toxins for the entire six weeks it will take them to fumigate the complex…. We would like them to reconsider other methods because there’s a lot of concern, and they refused to listen,” Dupuie said.

Vikane is Dow Chemical Co.’s trademarked name sulfuryl fluoride, which is commonly used to eradicate termites.

Pesticide companies tent the building and fill it with the colorless, odorless gas. During the fumigation, a gas similar to tear gas is also released in the house to warn any occupants who may still be inside.

Sulfuryl fluoride is regulated by the state and federal governments. The California Department of Pesticide Regulation decided this year that the gas will be listed as a “toxic air contaminant” and will be reviewed to determine if current regulations are sufficient, department spokesman Glenn Brank said.

“Obviously, we wouldn’t allow it to be used if it couldn’t be used safely,” Brank said.

But its listing does not necessarily mean that new, more stringent requirements will be imposed.

“The state is very proactive making sure the products out there are as safe as possible … for both the worker, the environment and the public,” said Orange County Deputy Agricultural Commissioner Brian Danker said. “Part of our job is making sure everybody is safe out there.”

But homeowner Beverly C. Bernstein isn’t sure she or her neighbors will be safe if the tenting goes on as planned.

Sulfuryl fluoride could cause her major medical problems because of an enzyme deficiency in her body. The gas can inhibit the enzyme, which is needed for the proper function of the nervous system. Bernstein said she’s also worried about the health of her neighbors — one is in renal failure, another has cancer, and a young woman has asthma.

J.K. Smith, president of the community’s board of directors, said every effort was made to find the best solution to the termite problem.

Smith declined further comment until he and other board members could consult the homeowners association attorney.

According to Northwood Assns. Management Co. Inc., which manages the community, the board members “did a very good investigation on local treatments, heat treatment and chemical treatment by fumigation … and between warranties and what they found was they got more bang for their buck by doing chemical fumigation,” said E. John Themios, president of Northwood. “It costs less money, it’s more effective and has more of a guarantee.”

The board has been researching the decision since about July of 2006, Themios said.

“These chemicals are used day in, day out, and I haven’t seen any news stories where anybody got sick — unless somebody got trapped in there — otherwise, the government or state would’ve put the clamp on this thing,” Themios said.

Between 2000 and 2004, the California Pesticide Illness Surveillance Program reported 27 cases of people falling ill or dying because of a definite, probable or possible exposure to sulfuryl fluoride. One cat was reported dead after it sneaked in under the tent. Other complaints stemmed from a tent on another building coming undone and thus releasing the sulfuryl fluoride before a pesticide professional was able to do it properly.

The residents in opposition said they’re also concerned for the environment and air quality, especially because of the number of buildings scheduled for fumigation in a two-month period and its impending designation as a toxic air contaminant.

At the board’s regularly scheduled meeting Wednesday, Bernstein and some of her neighbors plan to try to oust the board members so that the fumigation won’t happen as planned.

If the fumigation goes on as planned, county officials will be monitoring the pesticide company as they tent the buildings to ensure it’s done properly, Brank wrote in an e-mail.