Legal Question in Real Estate Law in California
Termites in condo - HOA
My condo has termites. I am told by the H.O.A. that it is my responsibility to fumigate...that I will need to connect w/ my other neighbors in the same building and coordinate.
Should it be the responsibility of the condo owner or the HOA?
thank you for your prompt reply.
2 Answers from Attorneys
Re: Termites in condo - HOA
If the termites are in common area such as common walls, the association is responsible. If the termites are inside your unit, then you are responsible. This is general advice. We would have to review your C.C & R's to give you more specific advice.
Re: Termites in condo - HOA
If you read back on some of my landlord tenant answers, you'll see about one weekly H.O.A. question, and the answer is always the same.
H.O.A.'s are like their own little countries, similar to Indian (or native american) reservations. You can't beat them, and the courts refuse to iterfere with them.
Therefore, you are going to have to fumigate.
Fight this at your monthly Board meetings, or, better yet, run for office yourself and make changes. Too often some 70 year old finds himself (or herself) in a position of power for the first time in their lives, and they become "drunk with power".
Good luck!
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