Hi
We live in South Carolina and had a question relating a service contract our home owners association apparently made sometime in the past. Unsure if before or after we purchased about 3 years ago but we do know the service has been here as long as we have just unsure if they have renewed contract during this 3 year period if not contract was before our purchase.
First off this is a condo complex not a coop.
Second apparently sometime in past the board signed a service contract for pest control for every unit. Now we live on the 4rth and 5th floors of our building so we rarely see bugs plus we hate the chemicals sprayed and don't want this service.
Now we never approved the board to sign any contracts on our behalf relating to in unit services. Am I right in thinking that this would basically be an illegal or non enforcable contract being this is not for outside the units but inside a privately owned unit as we own our unit outright 100%.
The board says they have this right and can enforce it and here is why i disagree. If we say they can make any contract for services inside units and then pass the bill onto the owners this would basically mean that they could technically sign a contract to have our home bug bombed every day forever and nothing we could do about it.
That's if you follow their logic. I say they can't because of owners rights. meaning I have the right to turn down any service in my own home and not be forced to pay for it by a contract I never agred to.
Now this does not regard termite service which is a separate non debated issue and does not include contracts that are emergency in nature such as say a leak while we're away or some other form of emergency. Pest control certainly isn't an emergency especially in a unit that rarely sees them.
Thoughts on this? Also if you know of any court cases which dealt with this issue can you send them to me so I can forward to our property management company advising them this has been settled and this is a non-enforcable contract.
TIA
We live in South Carolina and had a question relating a service contract our home owners association apparently made sometime in the past. Unsure if before or after we purchased about 3 years ago but we do know the service has been here as long as we have just unsure if they have renewed contract during this 3 year period if not contract was before our purchase.
First off this is a condo complex not a coop.
Second apparently sometime in past the board signed a service contract for pest control for every unit. Now we live on the 4rth and 5th floors of our building so we rarely see bugs plus we hate the chemicals sprayed and don't want this service.
Now we never approved the board to sign any contracts on our behalf relating to in unit services. Am I right in thinking that this would basically be an illegal or non enforcable contract being this is not for outside the units but inside a privately owned unit as we own our unit outright 100%.
The board says they have this right and can enforce it and here is why i disagree. If we say they can make any contract for services inside units and then pass the bill onto the owners this would basically mean that they could technically sign a contract to have our home bug bombed every day forever and nothing we could do about it.
That's if you follow their logic. I say they can't because of owners rights. meaning I have the right to turn down any service in my own home and not be forced to pay for it by a contract I never agred to.
Now this does not regard termite service which is a separate non debated issue and does not include contracts that are emergency in nature such as say a leak while we're away or some other form of emergency. Pest control certainly isn't an emergency especially in a unit that rarely sees them.
Thoughts on this? Also if you know of any court cases which dealt with this issue can you send them to me so I can forward to our property management company advising them this has been settled and this is a non-enforcable contract.
TIA
