Rats in the Condo Attic; Rats on the Condo Board!

J.S. from California writes:

Dear Mister Condo,

I live in a 100+ unit condominium development in California. My question is whether the current board is under any obligation to correct mistakes made by a past board? Specifically, a past board denied my request to do work clearly in the common area as defined in our CC & R’s. That area is the attic above our unit where there was significant rat infestation. The board authorized the pest control company that we have on annual contract to close out all the openings allowing the rats into the attic and to remove all dead rats and rat traps. The board refused to remove the fouled attic insulation, clean the attic and replace the insulation. The local county Vector Control District recommended the clean-up and insulation replacement to protect us and our downstairs neighbor (there is a fresh air make-up duct to her unit from our attic) from possible contamination of virus, etc.. Our general contractor (we were having a lot of remodeling done including plumbing, electric and HVAC all of which required workers in the attic space) refused to begin the remodeling until the attic was properly cleaned to protect his workers. After finding out much more about the past boards’ and current boards’ position on repairing damage in units (they have been paying to restore, repair, replace damaged items from water leaks even if those items are in the “unit” and not contained in the common area, an act specifically against rules in our CC & R’s) I resubmitted a request reimbursement for the cost to clean out the attic and replace the insulation which I had done at my cost after the past board had denied the request to pay for the work. The current board is waffling on whether to reimburse me or not fearing that they should not open a can of worms and reverse a previous board. Doesn’t the fact that we are a California corporation require the current board to correct a past board’s mistake when that mistake is brought to their attention? Doesn’t the corporate responsibility to act in accordance with the CC & R’s continue regardless of which board is in place? Thank you.

Mister Condo replies:

J.S., I am sorry for all of your problems. Rat infestations and the resulting potential for hazardous conditions is no laughing matter and the failure of the previous boards to take corrective action is appalling. However, the sins of the father are not necessarily vested upon the son in the form of the current Board. You should have sued the association for not taking the proper action back when the infestation and resulting damage was going on. You were not authorized by the Board to pay for the attic cleaning and insulation replacement. In fact, since you do not own that space, you really shouldn’t have done that. That being said, I would have done the same thing under those conditions rather than risk my own health due to an incompetent Board. So where does that leave you now? Obviously, the good news is that you have remediated the damage and are living in a healthy environment. You have asked the Board to reimburse you for the work and while I agree with you that they should, they are correct in that it sets a dangerous precedent of having unit owners handle repairs that the Board is responsible for and then obligating the Board to reimburse the unit owner for the work. Quite simply, that is not how things work in a condo. When common elements are damaged, the association needs to make the repair, putting them in control of hiring the contractor, negotiating terms, etc. You usurped that process when you took care of the problem on your own. Had a previous Board authorized your action, then it would be as simple as you submitting your receipts for reimbursement. Instead of asking permission, you now need to beg forgiveness. The Board is under no obligation that I am aware of to pay you back so ask politely. If the dollar amount is large enough, you might wish to speak to an attorney to see if it is worth pursuing. Otherwise, see what the Board does, hope for the best, and be happy that you have a rodent and disease-free living space. All the best!

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