How accountable is an HOA for pest control problems?

Question

I recently purchased a condo and the previous owner (who was also the agent) did not disclose to me that the condo had a roach infestation problem. The pest control company that the association contracts with has told me that my unit is not the problem and until they treat the entire structure, the roaches will keep coming back. I've talked to the board of directors but they won't do anything.

Is there legal action that I can take against the seller/ agent or the HOA to make them do something about the problem?

Answer 1

Depending on law (which varies by state) the selling agent may've been legally obligated to disclose to you any condition of the property that they were (or should've been) aware of (such as infestation) that could have negatively impacted your decision to buy.  Since the selling agent was also the previous owner, any reasonable person (or judge) would have to agree that the selling agent knew about the infestation.  This means, if the HOA is not legally obligated to remediate the problem, you could sue the seller.

Whether or not the HOA has any obligation to remediate the problem is determined by the HOA bylaws, which you should've received a copy of, on the date you closed on the condo.  Since condominum ownership is technically not the ownership/purchase of property, but the ownership/purchase of air space between the walls of the unit, and the HOA owns the building, it would stand to reason that remediation of any infestation problem would be their responsibility.

Check the HOA bylaws.  If they address infestation, send a certified, registered letter to the HOA.  In your letter, ask them to respond within 10 calendar days.  If you receive no reply within that timeframe, contact the attorney who handled your closing to see if they want to get involved.  Plan to sue, whether it be the HOA, the previous owner, or both.  Also, regardless of anything else, file a formal complaint with the real estate licensing commission in your state, against the selling agent, who violated the terms of their license by selling to you, without disclosing the infestation.  In your complaint, be clear that the licensed selling agent was also the owner, and should have been well aware of the infestation issue.

You've got a very limited amount of time to deal with this issue, before you've waited too long.

Answer 2

No, because it sounds like one of your neighbors has the infestation, and your getting the overgrowth.Until the whole building is treated it will be a moot point to treat one condo. I also need to point out that if the neighbor w/ the roaches doesnt keep his/her place clean after the treatment then the roaches will be back, and will have a basic immunity to the chemicals used the first time.