HOA Termite Damage Responsibility

Our community is a 149 unit in Tennessee. The HOA has acknowledged it will repair main structure problems such as foundation, roof,siding, porches considered common ground. The HOA has difference of opinion on termite damage to studs and trim on inside of the unit and who is responsible? The HOA or unit owner?

Up until 2009 all termite control was by individual home owners. A basic termite/insect spraying program was started to protect slad mates if a unit was empty or neighboir was not protecting his unit. All houses are single story, two units per building.

Our HOA insurance is to replace unit to its orginal condition with 2500.00 deductible paid by unit owner. HO6 Condo Insurance is carried by owners for personal items and small proiblems inside unit.

Is the HOA responsible for stud/trim/wall damage?

Thanks

As it happens, I live in the same community as Dwayne K and there has been some disagreement about the termite damage issue. Personally, I am of the opinion that this an Association responsibility, for numerous reasons outlined below.

The first page of our governing documents defines "Common Elements". Some of those specifically mentioned are--"all foundations, main walls and columns, or roofs".

As a Unit Owner, our documents define a "Unit" as---"an enclosed space intended for occupancy as a single family residential living unit." An "enclosed space" is usually defined as a cavity. Our documents do not specify Unit boundaries of any sort---this is the only defintion given.

The Association, almost 3 years ago, hired a pest control company to perform termite inspections and treatments to several buildings that had termite infestations; at that time acknowledging their responsibility to maintain/repair the Common Elements of our community. Several buildings have been treated during that period and additionally some had termite damage to the wood framework (studs) and sheetrock that was repaired and paid for by the Association.

One other reason this should be an Association responsibility is that our community consists of 2 Units per concrete slab foundation, sharing a common wall and connected roof structure. If termite treatment is my responsibility and I hire a company to treat my side of the building, what if my neighbor/slabmate chooses not to do any sort of pest control?? No pest control company will provide any termite guarantee without treating the entire building perimeter.

Now, it seems the current Board membership wants to take a different position as far as termite damage. Our buildings have a brick veneer on the outside and the Board wants to say that everything inside the brick is inside the "Unit", and thus the individual Unit Owner's responsibility. This makes absolutely no sense and is especially troubling since the Board has set a precedent over the past 3 years in treating for and repairing termite damage--in doing so has established a "past practice" which I am told by my attorney is a potential legal problem for the Association. Certainly litigation is a worst case scenario where everyone loses and hopefully this can be avoided.

This is my first post as a new HOAtalk member. By coincidence, I found Dwayne's question and I am certainly glad he decided to air this issue. I welcome your comments and opinions.

Here's my 2 cents...Termite control falls under the individual mortgages in my state. As part of the sale or refinance of a home, a termite inspection must be completed. We also have the option of "Termite bonds" that go with the home for period of time which the owner purchases individually.

With that said, grouping the termite/pest control altogether may create a bigger headache than dumping the expense onto the HOA's budget. How will mortgage/bank companies handle the required paperwork? Will they have to contact the HOA for the termite inspection permission and records? That could seriously delay the sale of a home or refi.

We had this issue in our HOA years ago. A owner insisted we should be responsible for pest control. I consulted experts in the field and this was NOT recommended. It is up to the individual owners to have the pest control if they choose. They can hire a company to going to a home store. Otherwise, your adding an additional expense onto the HOA budget that could bleed it dry...

Ron & Dwayne the devil is in the details, somewhere in your CC&R's should be a description of just what a "unit" encompasses (see example below), this is what the H/O is responsible to maintain. Everything else or things specifically excluded from the description is the HOA's responsibility. This is how my unit is described, if you look to the end you will see that structural components are specifically excluded:

Section 3.2. Units. Each of the Units hereinbefore declared and established a freehold estate shall consist of all the space bounded by the undecorated interior surfaces of the perimeter walls, floors and ceilings of said unit projected if necessary, by reason of structural divisions such as interior walls, or doors and windows, to constitute a complex enclosure of space, and including without limitation:

1. The decorated surfaces, including paint, lacquer, varnish, wallpaper, tile
and any other finishing materials applied to interior and perimeter walls, ceilings and floors;

2. All windows, screens and doors, including the frames, sashes and jambs, and the space occupied thereby;

3. All fixtures located within the bounds of a unit, installed in and for the
exclusive use of said unit, commencing at the point of disconnection from the
structural body of the building and from utility pipes, lines, wires or networks serving the entire building or more than one unit thereof;

4. All control knobs, switches, thermostats, and base plugs, and plugs and connections affixed to or projecting from the walls floors and ceilings which service either the unit or the fixtures located therein, together with the space occupied thereby;

5. All space between interior walls and interior ceilings and floors, together
with that space occupied by structural and component parts of the building and by utility pipes, wires, ducts and conduits;

6. All plumbing, heating, electric, cooling, and other utility or service lines,
pipes, wires, ducts or conduits which serve either the unit or the fixtures located therein, and which are located within the bounds of the unit;

But, excepting therefrom, all of the following items located within the bounds of the unit described above:

1. Any part of the structural and component parts of the perimeter walls;

2. All plumbing, electric, heating, cooling and other utility or service lines,
pipes, wires, ducts and conduits which serve any other unit.

Glen,

thanks for your reply. your unit description leaves nothing to the imagination----very well written. Our definition describes a Unit as "enclosed space intended for occupancy as a single family residential unit". That is all it says---Period. Our docs certainly need to brought up to date---a new law was passed in Tenn in 2008 that requires Unit Boundaries be included in governing docs. Unfortunately, Tennessee is behind most other states in this area, but they are trying to catch up.

You made my point for me----all that is excluded is part of the commone elements and thus Association responsibility. thanks again.................ron