Q: Hi. I recently purchased a townhome and it was disclosed to me that the property was being spot treated for termites.
After moving in we decided to remove the carpet upstairs. We found weak subfloor that we could have fallen through that is termite damaged. After further investigation, the joists are also damaged and need replaced throughout the entire upstairs. All of this probably more than $10,000 worth of repairs. The worst part is that the entire building must be fumigated in order to kill the termites so that they don't begin eating the new wood if we do replace it. The HOA refuses to fumigate the building. What can I do? Is there any way to make the HOA do a special assessment to tent the building?
A: I am sorry for your situation! Your question is much more than can be answered in a web post, as you have multiple factors going on here. There was a disclosure that there was spot treatment for termites, so my first question would be, did you hire a termite inspector prior to closing? Next, I would want to review the Declarations and Covenants for the community and any insurance policies they hold to determine what responsibility the HOA has for the structures. In a townhouse, the only way to address a termite situation is to treat the entire building and for your HOA to refuse to do that seems completely out of reason....but, not all townhouse communities are the same. Some you own the building and the land, some you own the contents, it all depends upon what the documents say. You will need to review your documents with an attorney for an exact answer. Best of Luck! Jennifer
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