Q&A: Who Pays for Exterminator?

Q We have termite problem in our building. One of my neighbors had termites in  early spring, after which another resident got them and now I have them. My  question is the Association responsible for the extermination or the individual  owner responsible for paying for the exterminator to come out?  

 —Bugged Out in South Florida

A “For South Florida residents, termite infestations are an unfortunate byproduct  of the humid tropical summers,” says Joshua Krut, a partner at the South Florida law firm of Weiss Serota  Helfman Pastoriza Cole & Boniske in Fort Lauderdale. “Eradicating pests can be costly and time-consuming. For people living in shared  communities, the question of whether the owner or the association is  responsible for such remediation may be puzzling. If the termite infestation  occurs in the association’s common elements, the association will likely be required to pay for the  extermination as a result of its duty to maintain the common elements.  

 “The common elements are the portions of the association property that are  operated by the association and jointly owned by all of the owners. The  association budgets for maintenance and repairs of the common elements in their  common expenses.  

 Courts have held that repairs to common areas are the responsibility of the  association. Recently, Florida’s Fourth District held that a condominium association had the authority and  obligation for repairs to fix termite damage on the roof of the condominium.  

 “Termite infestations usually occur within the walls and other out-of-view areas,  and often go unnoticed until the walls or wood have been substantially weakened  and buckle. Because the space in between the walls of separate units are almost  always common elements, the condominium association is responsible for  remedying the infestation and the resulting damage.  

 “What if the infestation occurs in a particular unit, instead of the roof,  hallway or pool area? For the most part, the unit owner is responsible for  causing the infestation to be remedied, so long as the remediation occurs in  accordance with any applicable rules of the association.”  

 

4 Comments

  • Can't find info in any book or on the net on scorpion ants? maybe its cellad something different but yeah, sounds like they have some crazy ants down there they are quite viscious. Africa has some of the worlds most aggressive insects too Having said that, there is a reason why they are mostly there and not in North America/Canada they wouldn't last one night during our winters, carpenter ants can survive multiple echo systems (hot or cold) Thanks for watching the video.
  • I was wondering about pest control responsibility. I live in a condo building in South Fla. I'm getting constant roaches in my unit. I'm a very clean person, had no problem for ten years. Obviously the buiking is infested. Who supposed to fix it? Thank you
  • You are.. and the building may not be infested ..roaches are usually brought in in bags, boxes from any grocery store ..I would have a company come have a look before it gets way out of control ..
  • I'm having termites in my unit, I've brought it to the attention of management office. They said the issue is only in my unit no other unit is infested, I have hired terminix HOA has paid me back for my expense but my termite case is still going unable to get rid of these termites, what else can I do or who do I go to for help in this matter? It's almost a year and I still have terminix going to my condo. I have pictures and videos to proof this infestation.