Consumer Law, Warranties HOA Board Signed Contract for Termite Tenting

[victorcab]

Our HOA consist of sixteen units.
The HOA board voted to have our complex tented at a cost of close to $25k. The president of the board signed a contract with Terminix as the vendor, which many believe was under duress as the salesman for Terminix was at the meeting where the contract was signed.
The Terminix contract has a 3 day cancelation period, which the board did not exercise. At the meeting where the contract was signed, I as one of the owners expressed my complete disagreement with the decision and asked for more time, the president of the board voted to proceed and sign the contract and to not put the vote out to the owners.
According to the CC&R's the board should have put this for an association vote as the expense was not accounted for in the budget, and how it was going to be paid back to the reserves.
At this point there are approx 7 owners who are in completely against doing the tenting which 1, expensive, 2, an inconvenience, 3, and according to two of the three quotes unnecessary.
What is the best recourse from the board and association to cancel the contract with the Terminix vendor?
No money has been paid to Terminix. The tentative date for the tenting is less than one month away.
I and a few of the owners are looking for some advice with how to handle this situation, from a legal standpoint.
The board is looking for a way out of the mess they created as there is now a firestorm brewing.
Thanks so much.

 

[tpajet]

If the 3 day cancelation period is passed, then your only real hope is to contact Terminex and see if they will still cancel the contract. Explain the situation, however, be prepared for tenting.

You may also consider contacting an attorney to see if the president of the HOA is liable since he acted in violation of the terms of the HOA bylaws.

Aside from that, you all need to get him out of the position of president. If he did this without regard to the bylaws, then who knows what he will do. And it may be simple enough to do since #1 I'm sure you will have a majority vote to do so, and #2 he violated the bylaws.

 

[trayce]

Tenant Rights and Signing Under Duress

I've been looking for an answer under sort of similar circumstances. I live in California, which is apparently very termite infested and also gives way too much legal power to HOAs. My building is scheduled to be tented in 20 days and filled with sulfuryl fluoride and chloropicrin to kill the termites. I've read a bunch about these chemicals on the EPA's site, I've read other people's experiences with termite tenting, and I've read opinions from qualified professionals. I don't like any of it. You are basically poisoning your home and altho the sulfuryl fluoride dissipates rather quickly, it can remain lurking about in attics and things for months, and the chloropicrin that's added as a warning agent leaves a residue that can adversely affect skin, lungs, and nervous systems - all my weak spots (which is why I choose to live organically to begin with). I plan to take precautions and move all my belongings out, but a) this is at my sole expense which will put my financial well being in jeopardy later, and b) I can't move to another place to live because my credit has been trashed by lay offs and unemployment, so I have a LOT of trouble getting approved by anything that is in a SAFE neighborhood. I was lucky that my current landlady took a chance on me here. I'm really in a catch 22.

Altho my landlady has tried to be very accommodating, my problem with all this lies with the fact that the HOA refuses to get bids for any alternative methods of treating termites. There ARE less toxic ways to deal with this, but they're just going with the current company because that company gave them a deal on the complex as a whole so they see it as "a cheap answer." Despite having no rights as a tenant, I tried to present the HOA (and did present my landlady) with information for alternative methods. The HOA refuses to look at it or get bids from anyone else. (My landlady read at least one of the papers and asked some questions at the most recent HOA meeting, but gave up easily.)

Therefore, tonight, when we were all called to hear the termite guy give instructions and to sign contracts, I had to sign as Occupant on the contract but I put "signed under duress" next to my signature, because it's true. I don't WANT to agree to this because I have reasonable cause to think this will put my health in jeopardy and moving (permanently or temporarily) will put my financial resources in jeopardy, and yet if I don't sign it, I've heard the HOA talk of removing people with police the day of the fumigation. So my choices are sign today or go to jail in 20 days? Gee, thanks!

My question is: does the "signed under duress" really nullify the contract with the termite company, and if so, who is liable if I should come up with medical issues that can be proven to be related to the fumigation I was forced to endure? Because I have the suspicion the HOA will just go ahead with things as planned despite my signature. If my health is then compromised I want some kind of recourse since I have no rights to prevent it or challenge it, and I seriously feel the HOA has not done their due diligence.

Hopefully it wont come to anything in court, and this will just pass without a hitch, but I wouldn't want to be remiss in setting groundwork to protect myself should anything go awry.

The unfortunate thing in all this is that I only know enough to be dangerous - and I'm not sure if I'm dangerous to them or me! LOL

 

[army judge]

"trayce", give up any idea, not of suing your HOA; but in prevailing.

Those property thugs are evil, nazis.

I advise my clients, who ask, not to buy property where those organized criminals can make your life a living nightmare!

As far as a signature, when you want wiggle room out of a signature, simply draw a scribble or an "X".

After all, one can legally make as many signatures as they wish. Pro-athletes have several they use, as do other notables and celebrities.

 

[trayce]

Thanks Army Judge I've heard the horrors of HOAs and knew I would never BUY a house that had that kind of thing, but honestly I didn't think anything about dealing with it as a renter until now. I was just glad I wasn't the one paying the fees. Now I see why it's done that way. If I was paying fees directly, they would have to allow me a voice, albeit a tiny and probably just as ignored one.

I agree they are definitely evil. Lesson learned for sure!