Fumigation Dispute

What is the name of your state? California

I live in a building with 3 condominium units. All of the units have termite infestations, two of them quite severe. Two of the owners have spent several thousand dollars each having spot treatments, to no avail. We would like to have the building tented and fumaigated but the third owner refuses. The Homeowners Association has no rules regarding this subject but has sent the recalcitrant owner a letter requesting compliance, to no avail. We, the two owners with severe infestations have offered to pay all costs including hotel accommodations, again to no avail.

Is there any law that specifically covers this situation or could be used in this case to require compliance with the majority's request?

[HomeGuru]

Originally posted by Tinman4130
What is the name of your state? California

I live in a building with 3 condominium units. All of the units have termite infestations, two of them quite severe. Two of the owners have spent several thousand dollars each having spot treatments, to no avail. We would like to have the building tented and fumaigated but the third owner refuses. The Homeowners Association has no rules regarding this subject but has sent the recalcitrant owner a letter requesting compliance, to no avail. We, the two owners with severe infestations have offered to pay all costs including hotel accommodations, again to no avail.

Is there any law that specifically covers this situation or could be used in this case to require compliance with the majority's request?

**A: I am sure that the CC&R's allow them to dictate and demand corrective action be taken to mitigate further damage to the building and common areas.
Check with a condo association attorney to see what the best way to accomplish the problem would be. One option would be for both the HOA and the 2 individual condo owners to sue the third owner and force compliance by way of treatment, repair and PAYING for a prorated cost of same.