Q: I moved into my townhouse four years ago with the dry rot and termite situation apparent. I received a letter from the then-president that the situation would be handled shortly. I have requested numerous times over the years as to the status of repair and keep getting the same answers, we’re getting bids. The damaged wood is attached to the unit and also is very unsightly, not to mention the potential of termites entering the home. Do I have recourse? — R.M., Tustin
A: Townhouses could be a planned development or a condominium. It’s important to know which kind of HOA you live in, because the HOA’s responsibilities regarding termite treatment are completely different. Unless the CC&Rs say otherwise, in condominiums, stock cooperatives, and community apartments, the HOA is responsible for termite repair and maintenance per Civil Code Section 4780(a). Subpart (b) of the same statute places the responsibility on the homeowner in planned developments.
This can be very problematic in planned developments where homes are configured “townhouse-style,” meaning side-to-side attached homes. In townhouse-style planned developments it makes no sense to leave termite treatment to individual homeowners since tenting the entire building is the common method, and only the HOA would have the authority to do that.
If your HOA is a condominium, stock cooperative, or community apartment, and termite damage is worsening without the HOA taking reasonable action, the HOA may be failing in its responsibilities to the members. If it is a planned development HOA, the answer could be quite different – check your CC&Rs.
Q: I own a stock cooperative home and was informed that due to extensive infestation we were required to comply with tenting. I requested another opinion and a copy of the termite report but was denied. Units must be kept open for three days — doors unlocked and we are supposed to supply the keys to our units. I received calls from the association and a letter taped to my door informing me that if I do not comply then the association will fine me, charge me for all tenting expense, take me before the board and ultimately evict me. — B.C., Laguna Woods.
Q: Is there a law that the homeowners association cannot inform homeowners about a scheduled termite tenting too far in advance? — J.L. Aliso Viejo.
A: In wood-framed attached housing, termite prevention can be critical to the building’s long-term structural stability. So, Civil Code Section 4785 empowers HOAs to compel the occupants of the homes to temporarily leave so termite treatment can occur. The residents and homeowners must be given written advance notice at least 15 days but not more than 30 days before the residents need to be out of the residence.
The notice must state the reason for the temporary dislocation and the dates and times treatment will start and is expected to end. The residents are responsible for their own temporary housing. If the HOA delivers the notice to the occupants and owners, the HOA can “summarily” remove the occupant (meaning, obtain a court order to that effect).
The HOA is trying to care for your property investment, which action while temporarily inconvenient should be in everyone’s best long-term interests.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit questions to Kelly@roattorneys.com.