HOA REFUSES TO TENT TERMITES - CONTINUES TO SPOT TREAT

I own a townhouse in a building comprised of 9 units in Florida. Over a year ago two units have had reoccuring termite problems where the HOA insists on "spot treatments" rather than fumigation or tenting. The termites have now spread to a fourth unit and still the HOA will not tent. The other three units still have termite issues.

Approximately one year ago they stopped preventative measures and at the same time amended the by-laws to state as follows: "Maintenance and repair of the common area including termite control of the common area and the lots and Units, if required. The Association is not responsible for repair or replacement of damage to the lots and/or units which is caused by termites" So they are not responsible for damage to the units.

My unit is now affected and still they want to spot treat. I obtained three written reports from three different licensed termite contractors that state tenting is necessary but they refuse. In addition they have not notified the other unit owners in the building that there is a serious termite problem, so they can have their units inspected. I was told by the termite contractor to contact the adjoining unit owner but I do not have their co-ordinates as they are new owners and advised the board to contact them. They have not done so, although they are aware that unit owners are out of town. What can I do to oblige them to fumigate or tent? Is there a governing body that can force them? Would reporting them to the health or environmental services help?

What obligation does the Board of Directors or HOA have in notifying the unit owners in the building of the termite hazard and are they liable for negligence?

Rania where you need to look is in the Covenants, if they say the HOA is responsible for termites, then changing the by-laws doesn't get them off the hook.

Now since the Board members are I assume also homeowners there then you have to ask why they are so reluctant to protect their homes? I would guess that the answer is the HOA doesn't have the funds and they don't think enough H/O's will pony up the funds to pay for it. Maintenance free living doesn't mean free maintenance, the money has to come from somewhere i.e. the owners.

Since you say townhome, I'm guessing you are covered under FL 718 the Condo Statutes so you might try the Condo Ombudsman's office: http://www.myfloridalicense.com/dbpr/lsc/LSCMHCondominiumOmbudsman.html

If they can't help you then get your neighbors together and recall the Board and replace them with people willing to tackle the job and if it is an HOA responsibility, raise the funds and do it.

Seems to me there were a few old posts about somebody in CA suing to stop fumigation tenting as they considered it unhealthy. They were advocating spot treatment.