What to do about a termite problem?

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What to do about a termite problem?

We own a townhouse and this townhouse has 4 units. Our neighbor found that she has termite dust in her closet and she would like to do termite treatment. She was able to pursue the other two units to do treatment and share the cost of $700, but we don’t want to do it because we don’t believe we have termite and think that she can just do a spot treatment to her home. She’s now suing us in small claim court to share the cost. HOA doesn’t pay for termite. Our roof has recently been change and our share wall are bricks. Are we obligated to pay for this or do we have a case?

Asked on August 12, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the termite issue is not a common issue that the HOA is reposnible for and there is no agreement or recorded covenant, condition & restriction mandating that joint property owners pay for such costs if the termite issue does not affect their respective property, you should defend the matter in small claims court. However, I would place your presumed homeowner's insurance company on notice about the small claims court matter orally and in writing. Keep a copy of the letter sent for future reference and need.


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