Legal Question in Civil Litigation in California

My HOA may soon vote to tent the condominium complex in which I live. I am against such fumigation and would prefer localized treatments. May the HOA legally force me out of my home?

May I take legal action against the Board if the decision is made to tent the entire complex?

Approximately 20% of the complex is termite free and localized treatments would make most sense. It is also much less toxic and hazardous to homeowners.

Thanks.

Rosalind


Asked on 7/07/10, 8:12 am

2 Answers from Attorneys

If you have confirmed termites in 80% of the complex, you don't have 20% termite free, you just have 20% termites not located yet.

From a legal standpoint, however, what the HOA can and cannot do is determined by the CC&R's and other governing documents of the HOA. Generally, however, a HOA has both the responsibility and the right to take whatever steps are necessary to maintain, repair and preserve the common structures and grounds of the complex.

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Answered on 7/07/10, 12:26 pm
Anthony Roach Law Office of Anthony A. Roach

We can't tell you without reading the CC&R's. If you have 80% termites, you have a big problem.

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Answered on 7/07/10, 2:46 pm


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