Get 2 months of free community web site hosting from Community123.com!
Monday, January 21, 2019
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Termite treatment required by HOA?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
KS4
(Georgia)

Posts:7


03/20/2013 7:14 AM  
Can an HOA Delcaration require homeowners to purchase treatment for termite prevention/protection? I purchased a termite bond to cover if any termites show up. Please advise.
TimB4
(Virginia)

Posts:16091


03/20/2013 7:29 AM  
KS4,

Welcome to the forum.

To answer your question - The Declaration of Covenants, Conditions and Restrictions are actual deed restrictions and treated as a contract between all owners of property who have the same deed restrictions. Contracts, unless they violate law, may typically contain anything the parties of the contract agree to. The act of purchasing property that has deed restrictions is looked at as an agreement to the terms of that contract.

Therefore, if your Declaration has such a requirement, and that requirement is not in violation of any applicable State statutes, see this link, then the answer would likely be yes.

If you have already purchased such treatment, or have a contract with a termite company verifying previous treatment and warranty, I'd suggest providing that documentation to your Board and see what they say.

Hope this helps,

Tim
KS4
(Georgia)

Posts:7


03/20/2013 7:36 AM  
Very helpful. Thanks Tim. One questions of clarification, if the Declartion says, "each owner shall also maintain termite protection coverage for the lot. Owners shall provide proof of termite coverage to the Board." In your opinion, does this mean that I am required to purchase termite treatment (liquid or otherwise)? I purchased a bond which states that no termites were found and if any are, they would come out and treat. Please advise. Thank you.
TimB4
(Virginia)

Posts:16091


03/20/2013 7:53 AM  
Posted By KS4 on 03/20/2013 7:36 AM

One questions of clarification, if the Declartion says, "each owner shall also maintain termite protection coverage for the lot. . . does this mean that I am required to purchase termite treatment (liquid or otherwise)?




Yes




Posted By KS4 on 03/20/2013 7:36 AM

I purchased a bond which states that no termites were found and if any are, they would come out and treat.




Due to environmental conditions, a treatment will only last so long.
Termite companies calculate how long and offer a warranty or (for a price) an extended warranty on their treatment.

The Bond you purchased is the warranty portion of the previous treatment. Typically once a treatment is done, the termite company will inspect and provide re-treatment as needed for x number of years.

Once that time runs out, you must repurchase treatment.



Posted By KS4 on 03/20/2013 7:36 AM

Owners shall provide proof of termite coverage to the Board."




Currently, your Bond should be your proof.

However, once that bond runs it's length you will need to retreat or purchase an additional bond from the same company (if they offer it) and send a copy of that paid contract and warranty to the Association.
KS4
(Georgia)

Posts:7


03/20/2013 8:11 AM  
Uh O, I hope you're not saying that I have to purchase treatment (such as liquid or bait boxes) in addition to the bond. Are you? Fingers crossed...
TimB4
(Virginia)

Posts:16091


03/20/2013 8:20 AM  
Not right now.

However, when the Bond runs out (after 5 years) you will.

What brought this issue to light?
Did your Association ask for proof? If they did, supply a copy of the bond and any inspection certificate and see if they ask for more.
TimB4
(Virginia)

Posts:16091


03/20/2013 8:23 AM  
Posted By TimB4 on 03/20/2013 8:20 AM

However, when the Bond runs out (after 5 years) you will.




Oops, ignore that 5 year timeline. I thought you had indicated the bond would last for 5 years. Therefore, let me clarify -

Whenever the Bond expires (1 yr, 5 yrs, whenever that date is), you will need to hire a company to treat for termites.
KS4
(Georgia)

Posts:7


03/20/2013 8:24 AM  
Ok. Thanks again. Yes, they asked for proof of termite treatment/inspection and threatened to charge $25 a day until they get it. I sent a copy of the Georgia Inspection form that the termite company provided, and that's when they came back and said I needed to get termite treatment as well.
TimB4
(Virginia)

Posts:16091


03/20/2013 8:34 AM  
Technically an inspection is not necessarily a treatment (although both are usually initially done together - follow up inspections may or may not require treatment).

Ask the company for a copy of the last actual treatment they did and tell them that you need it for the Association. They may be able to help.
KS4
(Georgia)

Posts:7


03/20/2013 8:39 AM  
The thing is, I haven't had treatment in over four years. I haven't had any termites either. The Declaration states, each owner shall provide proof of "termite protection coverage". In my mind, I'm covered through the bond (1 year), but I don't know for sure. What do you think? Your advice has been invaluable. This is a cool site.
TimB4
(Virginia)

Posts:16091


03/20/2013 8:52 AM  
Can you provide the exact language (removing any reference to the name of the Association) of the section of the CC&Rs that has this requirement?

It's difficult to offer an opinion without reading that whole section.


Tim
KS4
(Georgia)

Posts:7


03/20/2013 9:00 AM  
Sure.

The Amended and Restated Declartion says, "Each owner shall also maintain termite protection coverage for the Lot and shall repair termite damage, if any, should it occur. Owners shall provide proof of termite coverage to the Board."
TimB4
(Virginia)

Posts:16091


03/20/2013 9:25 AM  
Based on what you provided, I would expect that the documentation you provided would be enough.

Check to make sure that there isn't something that defines "termite coverage" or expands that coverage to include actual treatment every x years in another governing document.

If there isn't, ask for a meeting with the Board to discuss this issue.
Indicate in that request your desire to comply with the governing documents and believe that based on your understanding, the documentation you have provided shows this coverage.

I would still go back to the company you purchased the bond from and ask them what other documentation they can provide you.

KS4
(Georgia)

Posts:7


03/20/2013 10:05 AM  
Thanks Tim!
LarryB13
(Arizona)

Posts:4099


03/20/2013 5:14 PM  
KS,

From what you wrote it sounds like even though a licensed structural pest company has inspected and found no need for treatment, your board is demanding that you treat for a non-existent termite infestation. Am I understanding this correctly?

In a sense, your board is overriding the judgment of a licensed structural pest control contractor and substituting their judgment for his. Since your board is not likely licensed to treat structural pests, if they continue with their $25-a-day threat you might want to file a complaint with whatever state agency licenses termite treatment companies. By extension, your board is also challenging the judgment of the state in its licensing practices and in its judgment of licensing the contractor you are using.

Come to think of it, is anyone else using the same contractor having an issue with the board? You just never know if some board member's brother-in-law works for another contractor and the board is targeting all those who do business with the competition. Or, more likely, you just have a board full of whackos.

Witting712J
(Texas)

Posts:1


01/10/2019 2:13 PM  
If you have already purchased such treatment, or have an agreement with a termite company confirming past treatment and guarantee, I had to recommend giving that documentation to your board and see what they state. The termite experts give termite benefits all through the Sydney. their office is in Frenchs forest, yet our extension and services include Sydney.
GenoS
(Florida)

Posts:2580


01/14/2019 2:10 AM  
Witting712J, this is a 6 year-old thread.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Termite treatment required by HOA?



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement