Court Grants Association Immediate Possession of Owner’s Unit to Perform Termite Fumigation

This case involved a dispute between a property owner (“Owner”) and his homeowners’ association (“Association”) over Association’s right to force Owner to move out of his property for the purpose of performing termite fumigation of Owner’s building. After being notified by Association of the date when the building was to be tented and fumigated, Owner refused to cooperate and would not move out because he believed there were other viable treatment methods that did not require tenting of the building. This caused Association to file an ex parte application for a summary removal order providing Association with immediate possession of Owner’s unit for the limited purpose of conducting the tent fumigation.

The trial court granted Association’s application and issued a removal order. Thereafter, Association filed an application for an award of attorney’s fees that were incurred in connection with obtaining the removal order. Over the objections of Owner, the court awarded Association: