CIVIL CODE SECTION 1364
1. GENERAL RULE FOR MAINTENANCE
Common Area – HOA Responsible
Exclusive Use Common Area – Owner Responsible
Separate Interest – Owner Responsible
2. “UNLESS OTHERWISE PROVIDED IN DECLARATION”
3. PLANNED DEVELOPMENT (DEFINITION IS “COMMON AREA AND POWER TO ASSESS, BUT NOT A CONDO OR CO-OP”)
- Each owner is responsible to repair and maintain as may be occasioned by presence of wood-destroying pests or organisms.
4. CONDOMINIUM, COMMUNITY APARTMENT, STOCK COOPERATIVE
- Association is responsible for repair and maintenance occasioned by presence of wood-destroying pests or organisms.
5. TEMPORARY RELOCATION
- Cost borne by owner in both situations.
6. ASSOCIATION MAY CAUSE TEMPORARY SUMMARY REMOVAL OF ANY OCCUPANT AS NECESSARY FOR TREATMENT
7. NOTICE
a) Not less than 15 days nor more than 30
b) Reason
c) Beginning and end time (anticipated)
d) Personal delivery to occupants and first class mail to owners
8. WHEN PROBLEMS OCCUR:
a) Condo, Fumigation planned, Owner won’t cooperate
B) Planned Development, but connected homes, some owners who
don’t maintain or refuse to fumigate, pests spread
C) Owners disagree with HOA’s method
- (Lamden case, Supreme Ct. 1999) “Business Judgment”
court usually defers to board’s reasonable maintenance
decisions
9. PESTS THAT ARE NOT WOOD-DESTROYING
- Bed bugs, rodents, bats, etc.
- Regular maintenance responsibility applies, but no specific statutory framework for displacement, notice, etc.
- Look to governing documents regarding nuisance, duty to maintain separate property.
- Neighbor/Nuisance law plus Fining Power