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PhildresC (California)
Posts: 1
Posted:
I live in a lower unit of a 2 floor condo, I first noticed a rotting ceiling in my balcony and reported it to my HOA in Apr 2013, and I have been sending monthly follow-ups for update.
-I first received a response from them in Jul 2013 telling that they will review the issue with the manager.
-The second response was in Nov 2013, I was informed that a termite inspection will be done and based on the result of the inspection a termite treatment will be scheduled. i have email confirmation that it is their responsibility to repair the damage.
-It is now Jun 2014, and nothing has been done. I called the termite inspection company to request a copy of the inspection but I was told that they can not provide me with the copy of the report.
-I would like to sell my property but based on it's current condition (ceiling is falling apart, pieces of rotting wood are falling off, more 30 pieces of rusted 4 inch nails have fallen off)
-I would really like to get out of this place, but if I list my property now, the value would be really low and who would want to buy a place that is falling apart.

What are my options, at this point, even if I am the homeowner, I feel like I'm stuck. I wpuld appreciate any recommendation on what my next step would be.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If the HOA is responsible for fixing, its likely not just your unit. They may have be formulating a plan to fix all the units at the same time which would be cheaper than fixing just yours. Keep talking to the HOA, find out what is going on.

You can sell your unit as is right now. Nothing stopping you. Though the price might be lower than you would get if it was repaired.
LarryB13 (Arizona)
Posts: 4,099
Posted:
My recollection is that by law in CA the condo association is responsible for all termite treatments. Court cases seem to indicate that the condo board has a great deal of latitude in how to treat but I do not believe that they can lawfully ignore the problem.

Before doing something like selling at a loss I would recommend consulting an attorney. You may be able to compel the board to act or you may be able to sue for the loss in value if you sell.

JM10 (California)
Posts: 503
Posted:
Hi, I feel your pain.

We had a similar situation.

We asked for annual termite inspections and that the members be informed so that they can have their units also inspected. One of the three directors had his unit inspected. When we finally sold (at a loss), we did find evidence of termite damage and it was questionable as to whom as responsible since the damage was in the rafters.

At what point the roof ended is the question because the roof was the responsibility of the board. The termite people suggested that the whole building (five units including two of which belonged to directors) should be tented. The board refused to meet on it so in order to expedite the sale which the board had hindered, we had spot treatments done.

We had already taken the board to court three times in less than six months and won in each case.

Make sure that your neighbors are also aware of the termite problem and how serious the problem is. Show up to a meeting and ask questions. In the case of tenting that will mean that all the units will have to cooperate. There may be a hold up.

The best care is yearly inspections of all common ground including exclusive use. Including inspections to the members units is a courtesy and wise bonus.

In our case, the hold up WAS one of the directors. He was the dominant one and lived in the neighboring unit to our AND to the director who has the inspection. We had termites treated. A year later, the other director had termites treated in his roof. So if ours had termites and the unit on the other side had termites, both in the roof, what are the statistical probabilities that the middle unit had termites.

I do not know if the other members are aware of this, but I do know that one is trying to sell his property as is and that's from the other building. We made an effort to inform everyone on our own dime but the directors had been very secretive (we went to court to force them to open up the meetings and provide copies of the meeting minutes).

If you go to the meetings and inform your neighbors of the problems, you might find that one of the neighbors and possibly a director is the hold up. You may find that the cost is the hold up.

You can check with the records of inspections to find out if other units have been inspected and you can get them for free from the last two years:

http://www.pestboard.ca.gov/howdoi/terminspect.shtml

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