Drywood Termites in a Condominium with a Shared Attic and Occupied Unit
A 12-unit, three-story condominium building in Miami Beach has drywood termite pellets and alates in one third-floor unit. The HOA board wants to treat only that unit and not disturb the other owners. The unit has a pet macaw, a 6-month-old infant, and fish tanks. The building has a common attic that runs continuously over all units; the fire walls stop at the ceiling. The unit owner wants fumigation because tenting is the only way to kill drywood termites. The property manager asks whether the company can tent just the one unit, use a local spray on the visible pellets, or use heat. The company is licensed in termite control but its fumigation certification is held by an employee who is on leave. The board wants the work done in 10 days.
1. Can the company tent only the one unit? Evaluate fumigation, local treatment, and heat treatment given the shared attic and occupied unit.
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Tenting only one unit is generally not feasible when the attic is continuous over all units. Fumigation requires a sealed structure so the gas reaches the target and does not migrate. If the fire walls stop at the ceiling and the attic is shared, the unit is not a separate fumigable structure unless the attic can be isolated and sealed to the fumigation standard. The company should inspect the attic and separation details before promising anything. Local treatment, such as injection or foam into accessible galleries, may reduce the infestation in the one unit, but drywood termites can be in the attic or wall voids beyond the visible pellets. A surface spray on pellets is not an effective gallery treatment. Heat treatment requires sealing the treated space and may be difficult in an occupied condo with a shared attic. Fumigation of the entire building would require coordination with all owners, but it may be the only whole-structure option if the infestation is widespread. The presence of a bird, an infant, and fish tanks affects any treatment plan and requires removal or protection according to the label and the fumigation plan.
2. What licensing and notification requirements apply, and how does the fumigation employee being on leave affect the job?
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Fumigation is a separate category under Florida pest control law. The company cannot assign the fumigation to an uncertified employee. If the company's fumigation certification is held by an employee who is on leave, the company must either use another properly certified fumigator or decline the fumigation until one is available. A termite-control license alone does not authorize fumigation. Before fumigation, the company must provide the required notices to occupants and comply with label and rule requirements for sealing, placards, and re-entry. The notice should explain the treatment, the preparation, the occupancy restrictions, and the re-entry time. For local treatment, the company must still follow the label and any notification requirements. The 10-day deadline does not override the certification and notice requirements. The company should tell the board that the schedule may need to change if a qualified fumigator is not available.
3. What should the company recommend to the HOA and the unit owner, and what should be said about guarantees?
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The company should recommend a full inspection of the unit and the common attic before choosing a method. If the infestation is limited to accessible wood in one unit and the attic is not involved, local treatment may be a reasonable option, but it should not be sold as a whole-building cure. If the attic is involved or the separation is inadequate, the board should consider building-wide fumigation or another whole-structure approach, with notice to all owners. The unit owner should be told that fumigation kills drywood termites in the treated structure but does not prevent reinfestation and does not repair damage. Local treatment has a higher risk of missed colonies. The company should not guarantee that one unit can be treated without disturbing others. It should provide a written scope, exclusions, warranty terms, and preparation instructions for the bird, infant, and fish tanks. The board should also be told that the schedule depends on a qualified fumigator and compliance with notice requirements.