Termites on the interior of an exterior wall - who is responsible?

[anekdoten]

What is the name of your state (only U.S. law)? California


The tenants in a condo I own in southern california found drywood termites on the interior of an exterior wall (wall is shared with outside patio/front door etc). the termites were found on the interior of the patio/living room window, the interior ground and the ceiling along this living room exterior wall.

contacted hoa and they had it inspected and since termites were on the interior they said its home owners responsibility.

the hoa bylaws are pretty non detailed and state:

a) bees, rodents, pests (interior/interior walls or within balcony or patio ares) = home owner (notice no mention of termites)
b) termites/bees/wasps/pests (exterior) = HOA

my argument is that since its an exterior wall, the termites obviously didn't start inside the unit, they came from the outside and ate their way in. they obviously won't stay outside since its stucko, they will make their way inside where there's wood. there's no termites on any other walls or rooms, just the one wall that is considered an exterior wall since its shared with the outside patio.

there have been no precautionary exterior termite inspections or preventions done by the hoa in recent memory or years on my entire building.

i've heard varying arguments on the web but nothing clear cut

any help would be appreciated.

 

[adjusterjack]

While you are arguing with a recalcitrant HOA that can just dig in its heels and do nothing, the termites are eating YOUR house.

So bite the bullet and hire a termite company to treat YOUR house before the damage costs you a lot more than the treatment costs.

If your termite pro's expert opinion is that the termites are in the exterior wall and he's willing to testify in court, then pay him for the treatment and seek reimbursement from the HOA.

Until you actually have your house inspected and treated by a professional you have nothing but speculation which will get you nowhere.

 

[anekdoten]

While you are arguing with a recalcitrant HOA that can just dig in its heels and do nothing, the termites are eating YOUR house.

So bite the bullet and hire a termite company to treat YOUR house before the damage costs you a lot more than the treatment costs.

If your termite pro's expert opinion is that the termites are in the exterior wall and he's willing to testify in court, then pay him for the treatment and seek reimbursement from the HOA.

Until you actually have your house inspected and treated by a professional you have nothing but speculation which will get you nowhere.

yes the house was inspected professionally (not treated yet). and termite company said its termites are on the inside of an exterior wall. however to get that in writing or have the company testify in court isn't going to happen.

 

[quincy]

... however to get that in writing or have the company testify in court isn't going to happen.

Why isn't it going to happen? The company can be compelled to testify in court. You get a subpoena. The company cannot ignore a subpoena to appear in court.

 

[anekdoten]

Why isn't it going to happen? The company can be compelled to testify in court. You get a subpoena. The company cannot ignore a subpoena to appear in court.

i'm not versed legally, but when i talked with the actual termite inspector he said for sure its an exterior wall and they are probably coming in from the outside but he's hired by the hoa and didn't want to put anything in writing and get inbetween us.

 

[quincy]

i'm not versed legally, but when i talked with the actual termite inspector he said for sure its an exterior wall and they are probably coming in from the outside but he's hired by the hoa and didn't want to put anything in writing and get inbetween us.

First, I agree with the other poster that your first step should be to treat the termite infestation before it gets worse.

You can seek reimbursement for the expense of treatment in court later, using the testimony of the termite inspector (or the testimony of your own inspector) to support your case against the HOA, this if the HOA refuses to cover the costs of the treatment.

Good luck.

 

[adjusterjack]

i'm not versed legally, but when i talked with the actual termite inspector he said for sure its an exterior wall and they are probably coming in from the outside but he's hired by the hoa and didn't want to put anything in writing and get inbetween us.

And the HOA is still refusing to treat the infestation?

Yes, I said refusing. Delay is the deadliest form of denial.

Exactly why I advised you to hire and pay your own termite expert.

 

[festival]

Exterior walls (and the stuff above your ceiling) are often common areas. Your declaration should state the exact boundaries of your condominium and tell you what is common area and what is your condominium unit.

You may end up sharing the cost of treatment between common areas and what is legally your unit, but first you have to know the actual boundaries. No one here can tell you, since it varies from condo to condo.

CA law says that the association has to treat the common areas. Inform the board that termites spread, and the association will be legally and financially responsible for any further damage, including damage to interior areas, if they do not get rid of the termites.

 

[anekdoten]

still fighting w/the hoa, but get this. our neighbor to the left of my condo, found dead termites on the outside of her patio wall/window (same mirrored wall where the termites are on my unit since the floor plan is identical) and reported to hoa and since they are on the outside of that patio wall, hoa agreed to pay for repair/resolution) but still won't pay for mine b/c its on the inside of my wall.