September 26, 2008 • By By: Kelly G. Richardson

Dear Sir:
Thank you so much for your very informative articles in the newspaper.

I live in a homeowners association of 70 homeowners.  The management sent a notice to all homeowners telling them to check the outside of their units for dry rot and termite damage.  Let's face it, most homeowners would not have a clue as to what to look for.  Why, when we pay the management a good chunk of change each month do the homeowners have to inspect their units?  I thought that it was the management responsibility during her walk thru, that she charges us for, to be looking at these units

Thanks in advance for your help.
MM, Glendora

 

First, check your association CC&R's.  If they do not state whether the association or each member handles termite damage, then Civil Code Section 1364(b) takes over.  Under that section, a community apartment, stock cooperative or condominium association is responsible for termite treatment and repair, except for planned developments, where responsibility is placed on the member (this can be problematic if your association has attached planned development lots).  If you are not sure which type of association yours is, check the CC&R's first page – it will normally state which type. Alternatively, check your deed or legal description – the term “unit” normally is associated with condominiums, and “lot” normally denotes a planned development.  If you are in a stock cooperative, you will not have a deed, but a share of stock.  In a community apartment (often called “own your own”), your deed will recite that you have a fractional tenant in common ownership in the entire property.

 

As to your manager's duties, I hope you are not asking your manager to inspect for wood damage – you are asking your manager to step outside management expertise and become a termite inspector.  Hire the right expert for the job, and you can normally expect a better result.

 

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