💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SaraM2 (California)
Posts: 6
Posted:
I know that California's Civil Code provides guidance in the event of wood destroying pests in HOAs (including planned developments), but I was wondering if other states had different laws on the matter. Is wood-destroying pests a universal responsibility for associations?

Thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
It likely depends on State law.

At the very least, it would be something an Association would need to address for the common area tress.
DaveD3 (Michigan)
Posts: 796
Posted:
I'm confused as to what the topic is.
Wood-destroying, as in things that kill trees (i.e. Emerald Ash Borer)?
Wood-destroying, as in things that chew houses made of trees (i.e. termites)?
RwT (Florida)
Posts: 154
Posted:
Typically the Assn. is responsible for the maint. of ALL common elements.
This would include trees or structures.

Having said that, I'm sure there are exceptions and other clauses.

* Non-Lawyer spokesperson.
SaraM2 (California)
Posts: 6
Posted:
Sorry, I should have been more clear. I meant wood-destroying pests like termites that eat at building structures. Thank you for your help!
RwT (Florida)
Posts: 154
Posted:
Typically the Assn. is responsible for the maint. of ALL common elements.
This would include trees or structures.

* Non-Lawyer spokesperson.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is something I learned when investigating the issue when a member demanded the HOA provide pest control. Which by the way we are NOT responsible for except maybe for the clubhouse/common area we owned. The professional pest control people told me this...

We had old railroad tie retaining walls behind many homes and even the pool/clubhouse area. The general area including garden areas had termites. The cause for the garden/ground areas was the mulch people used. Certain mulches cultivated a good environment for termites. It was recommended to use Cyprus type wood. The best type to use is of course rock over wood. However, not everyone wants to use the same type of mulch for aesthetic reasons. We strongly recommended using mulches that were less delicious to termites.

Basically, the issue is that we were FEEDING the termites with the mulches and retaining walls. Ironically, removing these items meant that the termites would go for a better source.... The homes. One owner demanded we replace their termite eaten wall. If we did so with concrete, that meant the termites would now go to their home. Guess what then? They would want to sue the HOA for providing pest control and damages to their home.

As long as the termites have a feeding area outside the home, they are going to be in it. Take that away and they are going to go to the closest available resource that is wood. So when you are considering removing or treating a termite/wood ants area, be aware of another source. Is it the home?

My decision for our HOA was NOT to provide pest control for individual homes. It was the owner responsibility. If they wanted to remove the wall, then we may give them permission to do so. However, we would NOT pay for damages or pest control issue if the wood insects moved into their home.

It really depends on the way your homes are setup if this applies. It is best to consult pest experts for their advice. I would have never thought about how mulch or providing wood sources promoted the termite issue. That is something I learned from the experts. I even learned from an arborist about Pine Beetles eating our trees. That later ended up with a tree falling on a house. Which that situation is best to talk to your insurance company about the HOA's involvement on that situation. Is it best the HOA pay for tree removal or pay out damages if it were to occur. Would the HOA be responsible for tree damages? We had to pay for the removal of the tree and debris. The owners were responsible for their own homes. So find this out as well when investigating...

Former HOA President
RwT (Florida)
Posts: 154
Posted:
Its pretty cut n' dry... mulch - no mulch... common elements are HOA responsibility... period.

Collateral damage to personal property... case-by-case.

Simple.

* Non-Lawyer spokesperson.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here