Q: Our condominium building has termites and needs to be tented. Everyone must leave for two full days. One owner is refusing to leave, saying he doesn't have any termites and doesn't want strangers in his home. His wife is bed-ridden, and, quite frankly I don't believe he can afford to stay in a hotel for two nights. If he and his wife don't leave, the building can't be treated. What are the rights of the other residents, and what action can be taken to get him and his wife to vacate?
_Allen
A: This is a difficult balancing act. Your association has the right and the responsibility to maintain the common areas. The unit owners have the right to be left alone unless there is a pressing issue related to maintenance, repairs or safety.
The association should make sure that tenting is necessary and that residents have to move out. Is there a less-disruptive solution? If not, I suggest that you speak with the owner and explain the situation. If he still won't budge, the association will have to file suit to force his cooperation _ but in my experience, it rarely comes to that.
If the owner is reluctant because he can't afford a hotel, then the association may want to consider paying for it as an alternative to taking legal action. It would be faster and much less expensive than getting lawyers involved.
Of course, that might prompt other owners to demand the association also pay for their hotel rooms. In that case, the board could require unit owners to show proof of need.
Admittedly, paying for one owner's hotel expenses is not ideal. However, in my opinion, it's a better solution than saddling all owners with the association's legal expenses if this did go to court.
