What is the name of your state (only U.S. law)? California
My condo’s HOA consist of 4 units. The HOA was almost nonexistent for almost three years. The woman that ran the Associate died three years ago, she was in unit 3. Unit 3 sat empty for a year and a half before the family put it up for sale. The new owners purchased it about a year ago. Unit 4 was foreclosed on and sat empty for over a year. New owners have been there for a month. I own unit 2. I have been acting as manager of the complex, by default, because none of the other condo owners wanted to.
One of the units (unit 1) is connected to one other unit (unit 2). Unit 1 has a termite infestation problem, for several days, two, to three times a year the termites swarm out of Unit 1 by the thousands and land on the other units. Unit 1 also has extreme wood damage from the termites. Unit 2 did extensive remodeling 3 years ago, the unit was gutted and every beam and 2x4 that had any termite damage was replace except those directly attached to the unit 1. The 2x4’s and beams that could not be removed were spot treated.
The HOA informed Unit 1 that both units had to be tented and that unit 1 also had to repair the termite damage. For three years Unit 2 (me) has tried to coordinate the tenting with Unit 1. Unit 1 has used every excuse to put off the tenting. Unit 1 is now up for sale, as is. Because the HOA has been in a state of flux for almost 3 years nothing was informed. The two new owners, and myself want to protect our investment and we are ready to enforce the the CC&R’s.
Our HOA CC&R’s states “Each Unit Owner is responsible for the pest control of their Unit, this includes termites.” It also states that “If Unit Owner fails to fully maintain their unit, the Association shall assign a Special Assessment to the individual Unit Owner to effect needed maintenance and repairs.
My questions are:
1. Can our HOA require unit 1 be tented for termites and the repair work completed before the unit is sold?
2. Can unit 1 close escrow without the HOA signing off on it?
3. Can the HOA prevent a condo owner from selling their condo "as is"?
My condo’s HOA consist of 4 units. The HOA was almost nonexistent for almost three years. The woman that ran the Associate died three years ago, she was in unit 3. Unit 3 sat empty for a year and a half before the family put it up for sale. The new owners purchased it about a year ago. Unit 4 was foreclosed on and sat empty for over a year. New owners have been there for a month. I own unit 2. I have been acting as manager of the complex, by default, because none of the other condo owners wanted to.
One of the units (unit 1) is connected to one other unit (unit 2). Unit 1 has a termite infestation problem, for several days, two, to three times a year the termites swarm out of Unit 1 by the thousands and land on the other units. Unit 1 also has extreme wood damage from the termites. Unit 2 did extensive remodeling 3 years ago, the unit was gutted and every beam and 2x4 that had any termite damage was replace except those directly attached to the unit 1. The 2x4’s and beams that could not be removed were spot treated.
The HOA informed Unit 1 that both units had to be tented and that unit 1 also had to repair the termite damage. For three years Unit 2 (me) has tried to coordinate the tenting with Unit 1. Unit 1 has used every excuse to put off the tenting. Unit 1 is now up for sale, as is. Because the HOA has been in a state of flux for almost 3 years nothing was informed. The two new owners, and myself want to protect our investment and we are ready to enforce the the CC&R’s.
Our HOA CC&R’s states “Each Unit Owner is responsible for the pest control of their Unit, this includes termites.” It also states that “If Unit Owner fails to fully maintain their unit, the Association shall assign a Special Assessment to the individual Unit Owner to effect needed maintenance and repairs.
My questions are:
1. Can our HOA require unit 1 be tented for termites and the repair work completed before the unit is sold?
2. Can unit 1 close escrow without the HOA signing off on it?
3. Can the HOA prevent a condo owner from selling their condo "as is"?