HOA Fine For Not Consenting to Termite Inspection

Once a year, the HOA hires a termite inspection/treatment company to inspect the interior and exterior of condo units. Response is required on whether homeowner will be present during inspection on specific date, permits the HOA to allow inspector to enter (owner gives key to HOA manager) or the homeowner may refuse an inspection. Due to work, logistical reasons and not wanting to give the HOA manager or neighbors a key (I have a high threshold as to who I will give a key to my unit to), in the past, I have refused an inspection with no problem from management. This year, though the announcement of the inspection included the following sentence "If your unit is not available, Termite company will fine the HOA $50, to which the owner is responsible for paying." Sounds like a money grab either by the termite company or subliminally by the HOA. Owners still have to option to refuse an inspection, but there will be fine associated with it for the first time this year.

CC&Rs state "Entry into a Unit for other than emergency repairs shall be made only after three (3) days notice has been given to Owner and the Owner has consented thereto which consent shall not be unreasonably withheld and shall be made with as little inconvenience as possible to the Owner and any damage caused thereby shall be repaired by the entering party."

In the owner responsibility section of the CC&Rs, it states that the owner is responsible for Interior Termite Eradication and the HOA is responsible for Common Area Termite Eradication. If I am responsible for interior termite eradication, then why is the HOA in the first place paying for an interior insepction of units and then fining people who do not wish to participate?

The date/time again does not work for me this year (dates/time are not changeable) and I don't trust anyone with the key. Other than replying with "I do not consent. My unit will not be available for inspection" what else could one state politely but firmly about objecting to the fine aspect of refusing entry?

Just so this thread doesn't go off-topic, entire complex was tented/fumigated 6 years ago, and after last year's termite inspection, less than 3% of units needed treatment.

First I suspect the board reasons that "eradication" and "inspection" are different things. Second the HOA insurer may be behind this inspection. Third, I can see the reasonableness of this and its consistency with the covenants and/or case law. I think it's reasonable because termites can and will cross boundaries until a small problem becomes a big one.

An inspection isn't much good if it misses a portion of the property. How could you rely on the results?

And I expect the company is protecting itself: it doesn't want to provide a "no termites found" result and then have the HOA come after them six months later when termites are found in that un-inspected portion. In the company's place, I would refuse to do the work under such circumstances.

There is no fine in the fine policy for this violation. It is not even mentioned as a violation. Why would the termite company charge the HOA for not being able to enter a unit?

I lived in an apartment that required a pest control person to enter every so often. Sometimes I was home and sometimes not. It was no big deal at all. There were times I was even still in bed. Didn't move a muscle. They just came in. Sprayed around a few areas and done.

It is important for pest control to be kept up. Believe me, you don't want bugs getting into your food or walls. Plus if you refuse and they go into your neighbors home, your to blame for not allowing proper pest control. That is why they treat everybody.

Honestly, I don't think they would. If it was me, I'd ask to see the contract. The board might think it's extremely important to have every unit inspected and is employing s scare tactic to get people to comply.

For years we had a Big Termite Co. bond for our 105 buildings (including the homes) and the cost of that bond included one onsite home inspection per year. It wasn't mandatory and in many years less than half of the homeowners would arrange for an inspection. It was on the owners to call the local Big Termite Co. office to schedule an appointment.

This is the crux of the issue right here. It sounds like the HOA is creating a fine out of whole cloth, especially if it's a departure from what they've done in the past. I can understand the reasoning for the inspection, but the HOA still needs to go about it the right way.

Just because something may be a good idea for an HOA to do doesn't mean they can do it however they want.

I agree.

There are 2 kinds of homes in Florida. Those that have had termites, and those that will.

There are two kinds of HOAs: those that operate correctly and legally, and those that don't.

NbP

When you share wals, floor, ceiling, etc with other units you have an obligation to not damage other units such as your unit be the source of a termite infestation.

Put on your big boy pants and do the right thing. Work with the termite company to arrange an inspection time with you there.

Excellent post. Thank you for the recommendations.

Why would you not? No one wants to be in your house unless they are paid professionals... I wouldn't care. There is always the police I can call if something comes up missing or I am harmed. Of course, I am sure you would blame the HOA for that....

Well, NpB, perhaps you can keep us up to date on the activities, legal and otherwise.