Reader Questions - Termite and Wasp Problems

community managers h o a homefront reader questions Jun 29, 2015

Kelly,

I live in a stock cooperative apartment complex comprised of downstairs and upstairs apartments. When tenting for termite infestation, this service covers both common areas and separate interests (apartments walls-in). Should the cost for this service be prorated between the association and its shareholders? If this is true, how does the association determine the cost to be paid by the association?

Thank you for your assistance!

E.S., Torrance

Dear E.S.,

Unless your association governing documents state otherwise, Civil Code Section 4780 places responsibility upon your stock cooperative association for termite treatment and related repairs. Under this statute, condominiums, stock cooperatives and community apartment associations are responsible for maintenance, repair and prevention of termite damage, unless the governing documents state otherwise. Planned development associations do not under the statute have this responsibility.

Some planned developments are attached homes, such as patio homes or townhomes, and individual termite treatment is not beneficial. Since the statute places responsibility on the homeowner in planned developments, attached planned development projects may want to discuss amending their documents to allocate that responsibility to the association.

Associations are not normally responsible for non-common area termite treatment or damage, such as interior cabinets or furniture. As to whether there is an extra cost factor associated with treating the interiors, Gary Lieberman, Operations Manager with Payne Pest Management, said there is no extra cost “because when a structure is fumigated, 100% of that structure is covered, including the contents. However, the company warranty may vary from company to company as to whether it will protect the contents of a residence from future infestations.”

The cost normally would be part of the association annual budget, and so you are paying, indirectly, through your assessments.

Thanks (and thanks to Gary Lieberman),
Kelly

Dear Mr. Richardson,

I was told association management would call an exterminator for bees, but not for wasps that are nesting and flying around the eaves of the exterior of my home, just outside my bedroom window. Is this as ridiculous as it seems to me? Nothing in CCRs specifies.

The association installed wooden fences between units and has maintained them by re-painting them. However, management tells me that it is up to homeowners to fix these fences or take care of extermination of termites. Since they have assumed control of these fences by placing them there and painting them, shouldn´t they be responsible for otherwise maintaining them?

Thank you for your reply,

J.Z., Fountain Valley

Dear J.Z.,

Since your CC&Rs do not address this common area maintenance item, the default answer is found in Civil Code 4775, which places common area maintenance responsibility on the association. If the board follows the “Business Judgment Rule,” then the courts will give the association broad deference in how it carries out maintenance (including pest control) decisions. Has a pest control company informed the association that wasps are to be handled differently than bees? You may need to know a little more about why the association is not pursing the wasp issue.

Fences, and the responsibility to maintain and repair them, will also be governed by the same Civil Code section. Your HOA’s lawyer should have an opinion as to responsibility, and some suggestions as to how to handle this in the future.

Thanks,
Kelly


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.