articles by barry A. Ross

What authority does the association have to correct termite infestation in the common area of a condominium?

The association may cause the member to vacate his or her unit without compensation so that the termite infestation can be addressed by the association at its cost. The association must give written notice to the occupants and the owners not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time, the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation.


See also: Lambden v. La Jolla Shores Condominium Homeowners Association (1999) 21 Cal. 4th 249, which holds that an association may either spot treat or fumigate termites, at its discretion (“judicial deference”), as long as the decision is based on a qualified expert. But Lambden was limited to ordinary maintenance decisions and found to be inapplicable to a failure to maintain and repair the common area in Attan v. Portofino Cove Homeowners Association (2010) 189 Cal. App. 4th 930.