Notice to Vacate. The association must give notice not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the relocation. (Civ. Code §4785(b).)
Temporary Summary Removal. Associations may cause the temporary removal of occupants during the treatment of termites (or other wood-destroying pests or organisms). (Civ. Code §4785(a).) If a resident refuses to vacate, the association can go into court for an order that the person vacate the property. Because the association will be seeking temporary, summary removal of occupants, pre-litigation ADR is not required. (Civ. Code 5950(a)(3).) If forced to take legal action for injunctive relief, associations can also seek attorney’s fees and costs. (Civ. Code §5975(c).)
Relocation Costs. The statute is clear that the cost of alternate housing and temporary relocation during the repair and maintenance of the areas is borne by the owner of the separate interest affected. (Civ. Code §4775.)
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