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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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My dad owns a condo. The condo board has scheduled the whole

Customer Question

my dad owns a condo. The condo board has scheduled the whole building to be fumigated for termites and has been asked to leave premises for 4 days. After talking with the termite inspector I don't necessarily believe the place needs to be fumigated. Either my 90 year dad. I would like to get a second opinion from a place that uses non toxic remedies to eradicate the termites. And if possible Avoid the hassle of moving out and potential health risks. My dad has expressed that he does not want to move out and its creating a lot of stress. Especially being 90 years of age. Can he refuse to leave his home?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
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Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Do you have a copy of the rules, regulations and bylaws for the condos?
Customer: replied 2 years ago.
I don't but I can try to get them
Expert:  Dwayne B. replied 2 years ago.
The issue is going to be decided by those documents.
If the regulations or by-laws allow the board to vote on a mass fumigation then he will be required to leave unless the board changes their decision or the court issues an order overriding the decision.
The regulations may also have a method in there to contest the decision and allow a condo owner a way to obtain a second opinion, although that would be unusual.
If the regulations are pretty standard and he refuses to exit the building and thus holds up the fumigation then he can be held responsible for any additional charges that the board/association incurs or that the fumigation company assesses, again unless there is a court order "staying" the board's decision.
Customer: replied 2 years ago.
Can we file a petition to the court . And temporary delay the fumigation until the case is heard
Expert:  Dwayne B. replied 2 years ago.
You can file for an injunction. I'm not sure of the grounds you would use, it would require you visiting with a local attorney and going over the facts in detail as well as providing them with a copy of the bylaws, rules, etc. for them to review.
Injunctions are not easy to obtain since they are what is known as an "extraordinary remedy". However, in a case like this it is the only way to stop them from moving ahead and since you are only seeking a temporary cessation to an activity and there are no really impactful results to a temporary delay then it would normally increase the chance of the judge granting the request.
Customer: replied 2 years ago.
Thank you for your input
Expert:  Dwayne B. replied 2 years ago.
You're very welcome.
Best wishes to you and your father and please don't forget to leave a Positive Rating so I receive credit for my work.