KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
Can an HOA Delcaration require homeowners to purchase treatment for termite prevention/protection? I purchased a termite bond to cover if any termites show up. Please advise.
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Termite treatment required by HOA?
Started by KS4 • 17 replies • 2873 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
KS4,
Welcome to the forum.
To answer your question - The Declaration of Covenants, Conditions and Restrictions are actual deed restrictions and treated as a contract between all owners of property who have the same deed restrictions. Contracts, unless they violate law, may typically contain anything the parties of the contract agree to. The act of purchasing property that has deed restrictions is looked at as an agreement to the terms of that contract.
Therefore, if your Declaration has such a requirement, and that requirement is not in violation of any applicable State statutes, see this link, then the answer would likely be yes.
If you have already purchased such treatment, or have a contract with a termite company verifying previous treatment and warranty, I'd suggest providing that documentation to your Board and see what they say.
Hope this helps,
Tim
Welcome to the forum.
To answer your question - The Declaration of Covenants, Conditions and Restrictions are actual deed restrictions and treated as a contract between all owners of property who have the same deed restrictions. Contracts, unless they violate law, may typically contain anything the parties of the contract agree to. The act of purchasing property that has deed restrictions is looked at as an agreement to the terms of that contract.
Therefore, if your Declaration has such a requirement, and that requirement is not in violation of any applicable State statutes, see this link, then the answer would likely be yes.
If you have already purchased such treatment, or have a contract with a termite company verifying previous treatment and warranty, I'd suggest providing that documentation to your Board and see what they say.
Hope this helps,
Tim
KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
Very helpful. Thanks Tim. One questions of clarification, if the Declartion says, "each owner shall also maintain termite protection coverage for the lot. Owners shall provide proof of termite coverage to the Board." In your opinion, does this mean that I am required to purchase termite treatment (liquid or otherwise)? I purchased a bond which states that no termites were found and if any are, they would come out and treat. Please advise. Thank you.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Quote:
Posted By KS4 on 03/20/2013 7:36 AM
One questions of clarification, if the Declartion says, "each owner shall also maintain termite protection coverage for the lot. . . does this mean that I am required to purchase termite treatment (liquid or otherwise)?
One questions of clarification, if the Declartion says, "each owner shall also maintain termite protection coverage for the lot. . . does this mean that I am required to purchase termite treatment (liquid or otherwise)?
Yes
Quote:
Posted By KS4 on 03/20/2013 7:36 AM
I purchased a bond which states that no termites were found and if any are, they would come out and treat.
I purchased a bond which states that no termites were found and if any are, they would come out and treat.
Due to environmental conditions, a treatment will only last so long.
Termite companies calculate how long and offer a warranty or (for a price) an extended warranty on their treatment.
The Bond you purchased is the warranty portion of the previous treatment. Typically once a treatment is done, the termite company will inspect and provide re-treatment as needed for x number of years.
Once that time runs out, you must repurchase treatment.
Quote:
Posted By KS4 on 03/20/2013 7:36 AM
Owners shall provide proof of termite coverage to the Board."
Owners shall provide proof of termite coverage to the Board."
Currently, your Bond should be your proof.
However, once that bond runs it's length you will need to retreat or purchase an additional bond from the same company (if they offer it) and send a copy of that paid contract and warranty to the Association.
KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
Uh O, I hope you're not saying that I have to purchase treatment (such as liquid or bait boxes) in addition to the bond. Are you? Fingers crossed...
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Not right now.
However, when the Bond runs out (after 5 years) you will.
What brought this issue to light?
Did your Association ask for proof? If they did, supply a copy of the bond and any inspection certificate and see if they ask for more.
However, when the Bond runs out (after 5 years) you will.
What brought this issue to light?
Did your Association ask for proof? If they did, supply a copy of the bond and any inspection certificate and see if they ask for more.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Quote:
Posted By TimB4 on 03/20/2013 8:20 AM
However, when the Bond runs out (after 5 years) you will.
However, when the Bond runs out (after 5 years) you will.
Oops, ignore that 5 year timeline. I thought you had indicated the bond would last for 5 years. Therefore, let me clarify -
Whenever the Bond expires (1 yr, 5 yrs, whenever that date is), you will need to hire a company to treat for termites.
KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
Ok. Thanks again. Yes, they asked for proof of termite treatment/inspection and threatened to charge $25 a day until they get it. I sent a copy of the Georgia Inspection form that the termite company provided, and that's when they came back and said I needed to get termite treatment as well.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Technically an inspection is not necessarily a treatment (although both are usually initially done together - follow up inspections may or may not require treatment).
Ask the company for a copy of the last actual treatment they did and tell them that you need it for the Association. They may be able to help.
Ask the company for a copy of the last actual treatment they did and tell them that you need it for the Association. They may be able to help.
KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
The thing is, I haven't had treatment in over four years. I haven't had any termites either. The Declaration states, each owner shall provide proof of "termite protection coverage". In my mind, I'm covered through the bond (1 year), but I don't know for sure. What do you think? Your advice has been invaluable. This is a cool site.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Can you provide the exact language (removing any reference to the name of the Association) of the section of the CC&Rs that has this requirement?
It's difficult to offer an opinion without reading that whole section.
Tim
It's difficult to offer an opinion without reading that whole section.
Tim
KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
Sure.
The Amended and Restated Declartion says, "Each owner shall also maintain termite protection coverage for the Lot and shall repair termite damage, if any, should it occur. Owners shall provide proof of termite coverage to the Board."
The Amended and Restated Declartion says, "Each owner shall also maintain termite protection coverage for the Lot and shall repair termite damage, if any, should it occur. Owners shall provide proof of termite coverage to the Board."
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Based on what you provided, I would expect that the documentation you provided would be enough.
Check to make sure that there isn't something that defines "termite coverage" or expands that coverage to include actual treatment every x years in another governing document.
If there isn't, ask for a meeting with the Board to discuss this issue.
Indicate in that request your desire to comply with the governing documents and believe that based on your understanding, the documentation you have provided shows this coverage.
I would still go back to the company you purchased the bond from and ask them what other documentation they can provide you.
Check to make sure that there isn't something that defines "termite coverage" or expands that coverage to include actual treatment every x years in another governing document.
If there isn't, ask for a meeting with the Board to discuss this issue.
Indicate in that request your desire to comply with the governing documents and believe that based on your understanding, the documentation you have provided shows this coverage.
I would still go back to the company you purchased the bond from and ask them what other documentation they can provide you.
KS4 (Georgia)
Posts: 7
Posts: 7
Posted:
Thanks Tim!
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
KS,
From what you wrote it sounds like even though a licensed structural pest company has inspected and found no need for treatment, your board is demanding that you treat for a non-existent termite infestation. Am I understanding this correctly?
In a sense, your board is overriding the judgment of a licensed structural pest control contractor and substituting their judgment for his. Since your board is not likely licensed to treat structural pests, if they continue with their $25-a-day threat you might want to file a complaint with whatever state agency licenses termite treatment companies. By extension, your board is also challenging the judgment of the state in its licensing practices and in its judgment of licensing the contractor you are using.
Come to think of it, is anyone else using the same contractor having an issue with the board? You just never know if some board member's brother-in-law works for another contractor and the board is targeting all those who do business with the competition. Or, more likely, you just have a board full of whackos.
From what you wrote it sounds like even though a licensed structural pest company has inspected and found no need for treatment, your board is demanding that you treat for a non-existent termite infestation. Am I understanding this correctly?
In a sense, your board is overriding the judgment of a licensed structural pest control contractor and substituting their judgment for his. Since your board is not likely licensed to treat structural pests, if they continue with their $25-a-day threat you might want to file a complaint with whatever state agency licenses termite treatment companies. By extension, your board is also challenging the judgment of the state in its licensing practices and in its judgment of licensing the contractor you are using.
Come to think of it, is anyone else using the same contractor having an issue with the board? You just never know if some board member's brother-in-law works for another contractor and the board is targeting all those who do business with the competition. Or, more likely, you just have a board full of whackos.
Witting712J (Texas)
Posts: 1
Posts: 1
Posted:
If you have already purchased such treatment, or have an agreement with a termite company confirming past treatment and guarantee, I had to recommend giving that documentation to your board and see what they state. The termite experts give termite benefits all through the Sydney. their office is in Frenchs forest, yet our extension and services include Sydney.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Witting712J, this is a 6 year-old thread.
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