TERMITES IN BALCONIES

QUESTION: Who is responsible for treating termites found in exclusive use balconies.

ANSWER:  Unless the governing documents specifically state otherwise, termites in the balcony are an HOA problem. The balcony structures almost always are defined as HOA common area even though the owner has exclusive use. Since the association is responsible for maintaining the common areas, the association is responsible for treating the termites and repairing the structure if it needs repairing.

RECOMMENDATION: To protect against loss, the association should have a contract with a pest control company for regular treatment of all pests, including termites. If necessary, have legal counsel analyze your governing documents and prepare an opinion letter about maintenance responsibilities concerning balconies.

Updated 8/21/2007