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Interior Termite Treatment

Started by NpB • 14 replies • 319 views

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NpB (Arizona)
Posts: 605
Posted:
The condo association I am a member of has a provision in their CC&Rs states "“The vertical boundaries of each apartment unit located within each building shall be the interior of all of the unfinished walls located on the perimeter lines as set forth in attached plat of each floor and each apartment in Appendices B1 through B2, inclusive. attached hereto and made a part hereof.”

This translates to anything above the ceiling I do not own. There is a termite drop tube emanating from the ceiling, but obviously the source of the termites are in the area between the ceiling and the roof and also below ground. I was informed that the HOA's contract with the termite company does not cover interior treatment and that interior treatment is 100% the responsibility of the owner. However, when a termite inspector comes out to treat, they will drill a hole in the ceiling and spray the common area between the ceiling and roof. Also in this area, are structural beams that the HOA recently replaced and paid 100% of cost of replacement. The HOA's policy in this regard makes no sense.

How can I logically persuade the HOA to pay for interior termite treatment.

The HOA's contract covers exterior only. The HOA claims they treated the exterior of my building. Am I entitled to see copies of that termite treatment?
MaxB4
Posts: 3,513
Posted:
California statues treat the issue the same as you have described. The Association would be responsible for the treatment of termites in the common area. The interior of one's unit would be the homeowners responsibility, unless the governing documents state otherwise.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By NpB on 11/03/2022 3:29 PM

The HOA's contract covers exterior only. The HOA claims they treated the exterior of my building. Am I entitled to see copies of that termite treatment?
You want invoices and any description of the treatment done, correct?

How come you did not check the Arizona statutes to see what records are covered?

It appears to me that both the Az Condo Act and the Az HOA Act say that these records, if they exist, should be made available to an owner who requests to inspect them.
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By AugustinD on 11/03/2022 4:11 PM
Posted By NpB on 11/03/2022 3:29 PM

The HOA's contract covers exterior only. The HOA claims they treated the exterior of my building. Am I entitled to see copies of that termite treatment?
You want invoices and any description of the treatment done, correct?

How come you did not check the Arizona statutes to see what records are covered?

It appears to me that both the Az Condo Act and the Az HOA Act say that these records, if they exist, should be made available to an owner who requests to inspect them.

You are correct. I was just puzzled as to why the HOA would not cover interior termite treatment, but two years ago they did and now they are claiming it is 100% the responsibility of the individual owner.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By NpB on 11/03/2022 4:18 PM
I was just puzzled as to why the HOA would not cover interior termite treatment, but two years ago they did and now they are claiming it is 100% the responsibility of the individual owner.
When a board sees that the HOA/COA is facing an assessment increase and wants to show how responsible it is, transferring costs to owners as much as possible (or as much as the board can get away with) seems common.

Isn't it funny how certain services are deemed essential in the early years of a COA? But then, as infrastructure ages; expenses mount; and it's determined that the various boards through the years were ignoring reserve studies (because the boards did not understand them), the board finds creative ways to lower expenses, including getting rid of services previously deemed "essential."

MaxB4
Posts: 3,513
Posted:
Quote:
Posted By AugustinD on 11/03/2022 5:01 PM
Posted By NpB on 11/03/2022 4:18 PM
I was just puzzled as to why the HOA would not cover interior termite treatment, but two years ago they did and now they are claiming it is 100% the responsibility of the individual owner.
When a board sees that the HOA/COA is facing an assessment increase and wants to show how responsible it is, transferring costs to owners as much as possible (or as much as the board can get away with) seems common.

Isn't it funny how certain services are deemed essential in the early years of a COA? But then, as infrastructure ages; expenses mount; and it's determined that the various boards through the years were ignoring reserve studies (because the boards did not understand them), the board finds creative ways to lower expenses, including getting rid of services previously deemed "essential."


Unbelievable! I have seen boards pay for things that should have been the homeowners responsibility just so they could MR or Mrs Nice Guy or Gal. The OP has been on this forum long enough to read their documents to see if it is the HOA responsibility. But we know, that's how you roll.
AugustinD
Posts: 1,027
Posted:
What the covenants say here is still not clear. All I am alleging is that the board may be looking for ways to cut costs. The board's reading of the covenants may or may not be correct.
NpB (Arizona)
Posts: 605
Posted:
I don't expect the Board to make an exception for my situation, but I wrote the Board an e-mail with the CC&R language previously noted and discussed how they paid for interior termite treatment in the past above the ceiling and also for structural rafter repairs in the same area the termites are emanating their tube from. The main theme of the essay was persuading them how important it is to maintain the structural integrity of the building and that comprehensive termite treatment is necessary to achieve that purpose.

How effective would it be to also send an e-mail to the membership informing them of my situation, letting them know the same predicament could happen to them and encouraging them to persuade the Board to either increase dues or cut other expenses in order to offer interior termite treatment of all units, like they used to in the past?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By NpB on 11/04/2022 2:27 PM
I don't expect the Board to make an exception for my situation, but I wrote the Board an e-mail with the CC&R language previously noted and discussed how they paid for interior termite treatment in the past above the ceiling and also for structural rafter repairs in the same area the termites are emanating their tube from. The main theme of the essay was persuading them how important it is to maintain the structural integrity of the building and that comprehensive termite treatment is necessary to achieve that purpose.

How effective would it be to also send an e-mail to the membership informing them of my situation, letting them know the same predicament could happen to them and encouraging them to persuade the Board to either increase dues or cut other expenses in order to offer interior termite treatment of all units, like they used to in the past?

If I had given the board a reasonable amount of time to respond I would do it. As you stated active termites can lead to structural damage and expensive repairs. Sometimes stirring the pot is the right thing to do.
KerryL1 (California)
Posts: 14,550
Posted:
AS an Owner, and surely as a board. member, NpB, you of course may see the invoices, and whatever else the termite company did.

You gave us a CC&R description of your unit boundaries, but I think what you want us to see is the HOA's maintenance responsibilities as listed in your CC&Rs.

You also my find that you need to provide your own lodging if you need it when your interior is treated--also CA statutes & in our condo building's CC&Rs.

NA1 (Massachusetts)
Posts: 190
Posted:
Problem is termites won’t pay attention to those boundaries.
NpB (Arizona)
Posts: 605
Posted:
I did some more research on this topic and it appears that A.R.S. 33-1255 C(2) conflicts with the CC&Rs. The area above the ceiling is where the termite tube is originating.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By NpB on 11/07/2022 1:59 PM
I did some more research on this topic and it appears that A.R.S. 33-1255 C(2) conflicts with the CC&Rs. The area above the ceiling is where the termite tube is originating.
Did you take into account the qualifying statement in that statute section? Namely:

"Unless otherwise provided for in the declaration... "
JeffT2 (Iowa)
Posts: 880
Posted:
Quote:
Posted By NpB on 11/03/2022 3:29 PM
The condo association I am a member of has a provision in their CC&Rs states "“The vertical boundaries of each apartment unit located within each building shall be the interior of all of the unfinished walls located on the perimeter lines as set forth in attached plat of each floor and each apartment in Appendices B1 through B2, inclusive. attached hereto and made a part hereof.”

More importantly, what are the horizontal boundaries (ceiling)?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I say if the termites are entering your unit from a common area, it is the BOD's responsibility.

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