Condo Termite Inspections Mandatory?

Started by NpB • 10 replies • 829 views

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NpB (Arizona)
Posts: 605

Posted:

I understand that most states place the responsibility of common area termite treatment for condos on the HOA and that in most states, HOAs can obtain a court order to have a sheriff remove any occupant resisting fumigation.

Prior to that step, if an HOA contracts with a pest control company to inspect units for the presence of termites, does an owner have the right to refuse the inspector entry to the interior of their unit? Laws are silent in general about inspection entry and an owner's ability to refuse. If an owner refuses entry for inspection, can the HOA forcibly enter or fine an owner?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By NpB on 10/21/2023 11:34 PM
Laws are silent in general about inspection entry and an owner's ability to refuse.

I would not say this. Condo covenants often have clauses that grant the association the right to enter when xyz is occurring or appears to be occurring. Statutes as well may speak to when an association may enter a unit. As well an association can apply to a court.

As is often stated at this forum: I advise against entering without at least giving notice. If an owner objects, further discussions should occur, and the attorney brought in.

CathyA3 (Ohio)
Posts: 6,299

Posted:

This may not be an easy question to answer.

My community's CC&Rs make pest control inside a unit the responsibility of the owner. The association has very limited say on this, and that doesn't address the potential liability issues introduced if the association has to treat the buildings with toxic chemicals. The builder of my community also pre-treated all of the buildings during construction, although I expect the protection wears off after a few years.

So according to our CC&Rs, an owner may have the right to refuse entry for an inspection. On the other hand, the CC&Rs also give the association the right to enter a unit and perform essential maintenance if conditions inside the unit are causing damage to the common elements or adjacent units. I think language like this is pretty typical for condos. Given that, we'd probably have to jump through a few legal hoops since our governing documents don't address this situation directly.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't get why people don't let pest control happen. It's just less than 10 minutes and done. When I lived in an apartment our pest control person came in while I was sleeping. They don't care! What they do care about if it is your unit causing the pest infestation. Which when you refuse for them to enter sends up red flags your trying to hide something. Whether you are or not, that is your issue. IF the HOA is paying for it, then just let it happen.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

Reasons people don't want their homes treated:

* Not wanting to be exposed to toxic chemicals.

* Allergies or other chemical sensitivities.

* Resident is on chemo or has other chronic conditions.

* Small children or pets in the home.

* Not wanting to stink up their homes.

(You should research the history of chlordane. It's a neurotoxin, and I knew someone who was harmed by it. He went from being a bright, capable person who worked for a Fortune 500 company to someone who often couldn't hold a conversation without going off into the ozone. And this was years after his exposure. The company I use for pest control uses well-trained technicians and uses chemicals that are specific to the pest they're targeting. No broad spectrum products. They're also not cheap. Many associations make their decisions based on cost - including my own - and I would not trust them to use safer products if a cheaper but less safe alternative was available.)

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The stuff they spray is not toxic in my house. It's diatomaceous earth based. Plus this is an INSPECTION NOT Treatment! We are talking INSPECTIONS of units. One can site whatever reasons they want for the chemicals. I don't see an issue with INSPECTING a unit to see if they are or are not the cause of others being infested. You get one person with bed bugs, roaches, or mice then you have to step up the treatments for others.

Having to live with multiple insect and rodent infestations over the years, I don't mind an inspection. I do ask for the chemicals they use etc. BTW: They treat the inside of my house monthly with a spray. Can't smell it and I have dogs. They have even sprayed behind my dogs bowl area. It's not toxic.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Read your CC&Rs, NpB, and you'll most likely see that the Assoc. has the right to enter condos for inspections. Here's a piece of our CC&Rs
in a Section called "Powers of the Association."

"4.3.5 Right of Entry and Enforcement. Except in the case of emergencies in which case no prior notice need be given, the Board or any authorized representative thereof shall have the right, upon forty-eight (48) hours prior written notice and during reasonable hours, to enter into a Unit for the purpose of inspection, construction, maintenance or emergency repair for the benefit of the Common Area... or the other Condominiums or to perform its obligations under the Declaration or to cure any default by an Owner under this Declaration."

I think a section like this is common in most if not all condo covenants for obvious reasons.

SheliaH (Indiana)
Posts: 6,964

Posted:

I get what Cathy's saying, but I have to agree with Melissa on this. It seems to me the contractor and association can work around scheduling issues, perhaps sending people a notice two or three weeks in advance, listing a schedule where people could sign up for the inspection at their convenience. The notice could also have a description of what will happen and if the homeowner should do something like secure their pets so they don't bite or get in the way.

Termites, roaches and such don't care about common areas vs. areas that are homeowner responsibility- they go where they like. If someone does have an allergy issue,nthere may be a work around - why are people so contrary about this stuff?

If this homeowner doesn't want people in his in her condo for whatever reason, I would tell him/her they will be responsible for getting their unit inspected at their expense by X date and send the association written verifiable proof of the same. If they still refuse and infestation is later discovered in the common area close to or in their unit, they will be responsible for treatment and any damages, including damage to adjoining units.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

When one buys into a condo (ala shared walls, floors, etc.) they should accept the fact that they need/want to protect each other and termite inspection falls along these lines so let them inspect for the greater good of fellow owners.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, JonC and I don't think my Board or any board would permit some unit owner to refuse.And, though I don't know technically, I think it impossible to treat the interior common area corridor an not a n bit on that floor.
Ample notice would be given ao that residents can secure a place to stay, their pets, their plants etc.

Btw, in CA & in my HOA, owns must pay for their own expenses for that period when they're out of thei homes.

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