Termites Interior Condo
Dennis,
I have a situation that others might find useful in the future. The condo association I am a member of states in a responsibility guide that interior pest control (including inner walls) is 100% the responsibility of individual homeowners. However, in the past (as recently as two years ago) the HOA had a contract with a termite company where the HOA treated at their expense interior termite tubes, including mine in the past. Now, the HOA no longer covers interior termite treatment as part of their contract with the termite company and guess what? I have a termite tube drop from the ceiling. The HOA owns everything above the ceiling and that’s where the termites are located and also subterranean.
The HOA does have a contract for exterior termite treatment of the common areas adjacent to each building. I was told my building was recently treated. I went to the Arizona Office of Pest Management website to search for a termite treatment report for my address, but could not locate one. Am I entitled to receive a copy of the HOA’s termite company’s treatment for my building (i.e. what chemical treatment was applied, etc..)?
I find it illogical that their previous contract treated interior termite tubes and now they are claiming it’s 100% the responsibly of the owner when the termites are probably between the ceiling and roof, which according to HOA documents is 100% owned by the HOA.
The only “helpful” information I was told is that the same company the HOA has a contract with for the exterior offers a “special rate” for interior treatment, which I thought was expensive.
How would you approach this situation with the Board and management ? I would gladly pay slightly more a month in dues and I’m sure hundreds of others would as well to have interior termite treatment covered.
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Nick,
Like so many condominiums owners the clear definition of responsibility for maintenance is most often ignored by the association simply because they can. They will be the first to demand that homeowner comply with every provision of the declaration and use their power to enforce those covenants to fine and cite those alleged violation, but then ignore their responsibilities knowing that your will be forced to take them to court to force then to comply with the same documents. So, what will you do spend the money to treat from the inside or pay to take them to court to force them to treat. I do have to say that because the termite trails are physically withing the unit space (paint in) You may have a difficult time proving their culpability. I know that they only get there by coming from the common space from behind the walls but that is only logical, and logic plays no role in Condominium legal arguments and the ability of the HOA attorney to argue whatever they want. The problem is that most declarations give the association the authority to interpret the terms in that document as they want. If that sounds like a blank check it completely is.
The real problem here is there is absolutely no need for this to occur in any community. The association uses association funds raised by assessments from all homeowners to maintain the common property. They can do their job, and everyone is happy. The problem comes when they ask an attorney to define for them what their job is. There is absolutely no motivation for any attorney to tell the board the truth, if they advise them incorrectly and the homeowners challenge the board in court, the attorneys make more money right or wrong.
The message I want to send to all board members is simply read your governing documents and then act accordingly. This is not rocket science and you have absolutely no need to involve an attorney, maintain your common property reasonably and prudently with the money raised from the homeowners for that purpose. If you simply do your job everyone in your community will be happy and your job will be much easier.
Dennis
Dennis,
Thank you for your practical response. The approach I took was sending a well written essay to the Board expressing my viewpoint that interior termite treatment should be restored and that I would be willing to pay a higher monthly fee for that comprehensive service, since structural integrity of buildings in critical.
What do you think about sending e-mail essays to the membership about HOA topics? My HOA has a membership directory where the majority of owners have voluntarily disclosed their e-mail addresses. How are non-emotional, thoughtful, persuasive essays perceived by members and secondarily by the Board if somehow they were to be forwarded such an e-mail?
Nick,
When you say essay to me that means an extensive letter. You don’t want to do that, but it would be perfectly fine to provide everyone factual and brief summary of your concerns. If anyone wants more details, they can write you and ask for more details. Put the option in their hands. Basically, the association is responsible for all maintenance of the common property which includes the treatment of wood destroying insects within the walls and structures within the complex. Because tracks are visible inside a unit treating the interior of the wall would do nothing to get rid of the pest. The pests are all coming from inside the walls that are common property and the only way to treat them thru the walls and ceilings of the of the units. This is not optional for the association and is their undeniable duty. Unit owners are not in any way responsible to treat the interior of the wall’s floors or ceilings of their units. The association has to do this, and the cost for that service is to be borne by all unit owners. The association can either fulfill their duty to maintain the common property or be forced to fulfill their duty by a court and add that expense to everyone. If that happens the association members should recall the entire board and replace them with board members that actually are willing to do their job. Termite treatments in Arizona are not a small thing and if left untreated could result in structural failure of the units. I will be proposing legislation where blatant breach of duty like this will result in the board being held individually financially responsible for not only the legal fees, but any fines and penalties and restitution awarded by the court. The board has the opportunity to do the right thing now, because if I’m successful they could be individually held liable for their breach of duty next year.
Dennis