Davis Stirling Act

Condominium Associations Wood-Destroying Pests and Organisms
by Tony Angelo

The Davis-Stirling Act of 1985, Section 1364, clarified that condominium and stock cooperative associations are responsible for the prompt, effective treatment of common area structures where "Wood-Destroying Pests & Organisms" (Fungus, Dryrot, & Termites) are present.

Section 1365 also requires that every three years a diligent visual inspection of the accessible areas of the major common area components be made. Maintenance and repair issues that are identified during the visual inspections must be provided for the association reserve account.

Since the association is responsible for the treatment & repair of common areas where there are wood-destroying pests and organisms, the visual inspection should include the identification of Fungus, Dryrot, & Termite damage, as well as, repair recommendations and costs.

STRUCTURAL PEST CONTROL ACT

All structures that have any wood members are also subject to the California Structural Pest Control Act. In order to perform an inspection of the association common areas for wood-destroying pests and organisms, an individual must be licensed by the Structural Pest Control Board (Section 8550).

Licensing authorizes a Structural Pest Control Operator to identify Fungus, Dryrot, & Termite infestations, to provide treatment recommendations and costs for both the required treatments, and the structural repairs needed as a result of damage to the structures.

It is important to note that both fungal infections and termite infestations may extend into concealed walls or areas defined as "Inaccessible Areas". When infections or infestations are identified, the inspector must determine whether or not conditions extend into "Inaccessible Areas". If the conditions do extend into a concealed wall, the wall must be opened for a "Further Inspection".

One way for the association to manage the responsibility for regular inspections of the common areas for Structural Pest Control, and to minimize the costs for treatment and repair, is to have a Service Contract with a properly licensed Structural Pest Control Operator. The contract should require regular inspections of common areas. When fungal infections and termite infestations are identified, corrective treatment should be performed immediately. There may also be provisions to repair or replace members of the structure at the earliest possible time in order to minimize costs to the association.

For associations without Service Contracts, there are several cost-effective options for treating and repairing Fungus/Dryrot & Termite damage to the structures.

FUNGUS/DRYROT TREATMENT: (SECTION 1991)

Structural members which appear to have only surface Fungus damage may be chemically treated and left if, only in the opinion of the inspector, the structural members will continue to perform the originally intended function. The structural members may not need to be replaced.

TERMITE TREATMENT: (SECTION 1991)

Structures infested with termites need not necessarily be "Fumigated". The fumigation process (54 hour process) requires relocation of occupants & tenting of property. Roof and landscape damage could occur. (waivers for damage are required to be signed before the fumigation process can be performed)

A treatment option that is effective, does not require relocation of occupants, and is substantially less costly is called "Local Treatment". This process of treating infestations involves injecting state-approved termiticides into the infested areas of the structure (vacating property or signed waivers for damage not required).

PROPERTY CERTIFICATION

The primary purpose of the Davis-Stirling Act & the Structural Pest Control Act with respect to wood-destroying infections and infestations is to ensure that property owners are protected from Fungus/Dryrot, and Termite damage to the structures. The combined power of these two bodies of law requires that appropriate inspections, identifications, treatments, and repairs shall be made to structures to enable a property owner to receive a certification that the property is "Free and Clear of all Wood-Destroying Pests and Organisms".

LIABILITY TO ASSOCIATION AND/OR PROPERTY MANAGER

It is clear that it is essential for both Property Managers and Board of Directors members to familiarize themselves with the provisions of the Structural Pest Control Act and the Davis-Stirling Act that directly define association responsibilities for Structural Pest Control.

Tony Angelo is CEO of Angelo Termite & Construction Company. For further information please Contact Us..

LosAngeles/OrnageCounty-MARCH2000-Condomanagement