An association is generally responsible for maintaining and repairing the common areas within the association’s development, and the owners are responsible for maintaining and repairing their respective separate interests (their lots or units). (Civ. Code § 4775(a); See also “Maintenance Responsibilities (Generally).”) When maintenance or repair is occasioned by the presence of “wood-destroying pests or organisms” (i.e., termites), Civil Code Section 4780 generally controls whether the association or the owners are responsible for such maintenance or repairs. The allocation of responsibility under Section 4780 is dependent upon the form of the association’s development (the CID), as well as any applicable provisions that may be contained in the association’s declaration (CC&Rs).

• Community Apartment Project – in a community apartment project, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms, unless otherwise provided in the CC&Rs. (Civ. Code § 4780(a).)
• Condominium Project – in a condominium project, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms, unless otherwise provided in the CC&Rs. (Civ. Code § 4780(a).)
• Stock Cooperative – in a stock cooperative, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms, unless otherwise provided in the CC&Rs. (Civ. Code § 4780(a).)
• Planned Development – in a planned development (or “PUD”), unless a different maintenance scheme is provided in the CC&Rs, each owner of a separate interest is responsible for the repair and maintenance of that separate interest as may be occasioned by the presence of wood-destroying pests or organisms. (Civ. Code § 4780(b).)

Delegation of Maintenance Responsibility to Association in Planned Development
Unless otherwise provided in the CC&Rs, the owners within planned developments are responsible for the repair and maintenance of their respective separate interests as may be occasioned by the presence of wood-destroying pests or organisms. (Civ. Code § 4780(b).) However, Section 4780 provides the possibility for the owners (the association’s members) to delegate that responsibility to the association:

“Upon approval of the majority of all members of the association, pursuant to Section 4065, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment.” (Civ. Code § 4780(b).)

Method of Treatment Employed by Association
The method in which the association treats wood-destroying pests or organisms (i.e., tenting, spot treatment, etc.), as well as the materials used in the treatment, are within the discretion of the board and is entitled to judicial deference. (See Lamden v. La Jolla Shores Clubdominium HOA (199) 21 Cal.4th 249, 270 (“Neither the Declaration nor Civil Code Section [4780] reasonably can be construed to mandate any particular mode of termite treatment.”).)

Removal of Occupants for Pest Treatment
There may be instances where the treatment of wood-destroying pests or organisms will require owners and occupants within the association’s development to vacate their respective units. In those instances, Civil Code Section 4785 grants the association the authority to “cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms.” (Civ. Code § 4785(a).)

Accommodations & Relocation Costs During Treatment Period – Occupants and/or owners which are required to vacate the association’s development are responsible for their own accommodations. (Civ. Code § 4785(b).) This is consistent with Civil Code Section 4775(b) which states that “[t]he costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected.” (Civ. Code § 4775(b); See also “Relocation Costs.”)

Notice Requirements – When occupants and/or owners will be required to vacate their respective units, the association is required to give notice of the need to vacate to the occupants and the owners, not less than fifteen (15) days nor more than thirty (30) days prior to the date of the temporary relocation. (Civ. Code § 4785(b).) The notice must state (i) the reasons for the relocation, (ii) the date and time of the beginning of the treatment, (iii) the anticipated date and time of termination of treatment, and (iv) that the occupants will be responsible for their own accommodations during the temporary relocation. (Civ. Code § 4785(b).)

Delivery of Notice – Notice of the need to vacate is deemed complete upon either:

• Personal delivery of a copy of the notice to the occupants, and if an occupant is not the owner, individual delivery pursuant to Civil Code Section 4040, of a copy of the notice to the owner. (Civ. Code § 4785(c)(1).)
• Individual delivery pursuant to Civil Code Section 4040 to the occupant at the address of the separate interest, and if the occupant is not the owner, individual delivery pursuant to Civil Code Section 4040, of a copy of the notice to the owner. (Civ. Code § 4785(c)(2).)

“Occupant” Defined – For the purposes of Section 4785, “occupant” means “an owner, resident, guest, invitee, tenant, lessee, sublessee or other person in possession of the separate interests.” (Civ. Code § 4785(d).)

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