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termites

Started by CarolT3 • 11 replies • 2734 views

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CarolT3 (California)
Posts: 5
Posted:
Hi

One of the units in our complex is for sell(own buy the bank) and in escrow. The potential buyer or seller has requested a termite inspection, and the inspection shows there are termite indications in the unit. The real estate agent is asking for us to take care of it and pay for the spot treatment. I thought this was something that was dealt with between buyer and seller? Is my thoughts wrong? As a whole I believe the HOA is responsible for termites, but I was wondering when it comes to buying and selling?
SheliaH (Indiana)
Posts: 6,964
Posted:
You said you "believe" the HOA is responsible, but it doesn't sound like you know for sure, so check your documents. It may be the HOA isn't responsible, and if that's the case, the seller and potential buyer will have to work that out.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LarryB13 (Arizona)
Posts: 4,099
Posted:
And if the HOA is responsible for termite control, why would the sale of a unit change that responsibility?
PetunkaM (Florida)
Posts: 1,009
Posted:
..and the inspection shows there are termite indications in the unit.

This is little unusual. Usually the association is responsible for maintaining the exterior of the building and common areas but not inside the unit, if this is what you mean. If the termites are inside the unit and got into the wood or old books, I would think it may be the owner’s responsibility?
DonnaS (Tennessee)
Posts: 5,671
Posted:

I think that the termite intrusion might be considered the same as perhaps a water leak inside the unit cause by a leaky roof? Just a scenerio similar to the HOA being responsible for maintenance on the outside of a unit with damage on the inside. Would it matter if it were water or bugs as long as the HOA is responsible for the outside prevention of leaks or extermination prevention? I think not tho it might be tough to prove where the bugs came from, not like where the roof leaked.

Now, despite who is responsible, have we ever come to a conclusion who is responsible for a leak inside a unit if the roof/aka HOA responsibility is causing the interior damage? Some say owner must repair the damage caused by HOA responsibility damage. (this is a test)
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By DonnaS on 08/24/2011 11:51 AM

I think that the termite intrusion might be considered the same as perhaps a water leak inside the unit cause by a leaky roof? Just a scenerio similar to the HOA being responsible for maintenance on the outside of a unit with damage on the inside. Would it matter if it were water or bugs as long as the HOA is responsible for the outside prevention of leaks or extermination prevention? I think not tho it might be tough to prove where the bugs came from, not like where the roof leaked.

Now, despite who is responsible, have we ever come to a conclusion who is responsible for a leak inside a unit if the roof/aka HOA responsibility is causing the interior damage? Some say owner must repair the damage caused by HOA responsibility damage. (this is a test)

Donna...i will bite on this nugget! in looking for who is responsible you have to follow the trail of why did it happen. The owner's unit was damaged because the HOA's roof leaked, therefore the HOA is responsible for the damage caused by its roof (or lack of one).
PetunkaM (Florida)
Posts: 1,009
Posted:
Donna,

Please let’s not mix apples and oranges. If ants or palmetto bugs are running inside the unit is the association responsible? I would not think so. Otherwise the association would have to spray inside all units. ALL owners in our project recognize that it is their responsibility to have an exterminator come in periodically.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By PetunkaM on 08/24/2011 12:13 PM
Donna,

Please let’s not mix apples and oranges. If ants or palmetto bugs are running inside the unit is the association responsible? I would not think so. Otherwise the association would have to spray inside all units. ALL owners in our project recognize that it is their responsibility to have an exterminator come in periodically.

how did they get inside the unit? I would agree in the ant scenario they should spray in their unit but if the HOA is not spraying outside that is an issue. Ants don't just magically appear inside.
DonnaS (Tennessee)
Posts: 5,671
Posted:

This is true but termites are not airborne but climb up the walls, usually inside after they have intruded from the outside.. That is why so many associations do termite treatment around these buildings. I am assuming that this is a condo by the use of the word "unit"

Betcha a dollar that they do termite prevention to the outside of the buildings. Where is our O.P for that answer?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Replying to the ant or palmetto bug statement, those a homeowner can get rid of. Termite infestation will stop dead a potential sale and financing by a lender. Not just a simple ant problem.
PetunkaM (Florida)
Posts: 1,009
Posted:
Ants don't just magically appear inside.

They do in sub-tropical Florida, believe it or not. This year is worse than ever. Many kinds of ants and sugar ants are tiny, tiny.
BradP (Kansas)
Posts: 2,640
Posted:
they may be tiny but they have to come from somewhere...

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