How do we set up a termite and pest control contract for our HOA?

By OurHOA · General information · Revised September 24, 2026

How an HOA board sets up a termite and pest control contract: structures in scope, inspection diagram, bait or liquid, warranty terms, license checks and notice.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

List the structures the association has to maintain, get a licensed inspection with a diagram of each one, and then sign one written contract that names the buildings, the pests, the visit schedule and what happens if termites come back. That last part is where HOA termite contracts most often disappoint. Some promise to re-treat only. Some promise to re-treat and pay to repair new damage. Some promise nothing after the first treatment. Know which one you are buying before anyone signs. Licensing and notice rules differ by state, and your declaration decides which structures are the association's job, so treat this as education and not legal advice.

Decide which structures are the association's

Pull the declaration and your maintenance responsibility chart before you call anyone. In a detached-home community the list is usually short: the clubhouse, pool house and restrooms, a maintenance shed, wood perimeter fences, pergolas, playground timbers, footbridges and wood entry features. In a townhome or attached community the association may be responsible for the exterior or the structure of every building, and termites do not stop at the unit line. There, one owner treating one unit leaves the colony in the shared walls, so the contract usually has to cover whole buildings. Write the list as a table with each structure, its foundation type (slab, crawlspace or posts in soil), its rough footprint and any past termite history from old invoices. That table becomes the scope every company prices. If owners ask who pays when termites show up in their own home, our guide on whether an HOA can charge you for pest or termite control covers that side.

Get a licensed inspection with a diagram

Invite two or three companies to inspect the same list. Check each license before the visit. In Texas, identifying infestations and giving estimates is itself the business of structural pest control (Occupations Code 1951.003), and 1951.301(b) bars anyone from doing it without a structural pest control business license from the Texas Department of Agriculture. Texas rules also require the company to hand you wood destroying insect disclosure documents with any written estimate for termite treatment (4 TAC 7.174). They include a diagram of each structure with measurements, areas of past or active activity, the areas to be treated, conditions that invite termites, and the termiticide concentration or minimum number of bait stations. Ask for the same package in any state. In Florida, anyone performing an inspection or treatment under a termite contract needs an identification card issued by the state (482.226(3)(b)), and after each contracted inspection or treatment the company must give the owner a signed report showing whether termites were found, whether treatment was made, and the pesticide used (482.226(3)). File every one of those reports. They are the association's proof if a warranty claim comes up later.

Liquid barrier or bait stations

The EPA describes two main approaches for subterranean termites, the most common kind in most of the country. A liquid termiticide applied to the soil forms a barrier around the structure. EPA warns that if it is done improperly it can contaminate the building and nearby drinking water wells. Bait systems place cellulose baits with a slow-acting insecticide in stations around the building, which cuts the amount of pesticide used. For a board, the practical differences are these. A liquid treatment means trenching along foundations and sometimes drilling slabs and patios, so plan for landscaping repair and owner notice. Baits mean stations in the common area for years, routine monitoring visits, and a mowing crew that needs to know where they are. Ask each bidder to price both where both are reasonable. If the inspector finds drywood termites, which live inside the wood and do not come from the soil, a soil barrier or ground bait will not stop them. Ask for a separate written proposal for that problem.

Contract terms to read before signing

Florida requires a written contract for termite and wood-destroying organism work (482.051(3)), and section 482.227 sets the most useful disclosure rule in the three states. The first page must say in bold whether the contract covers repair and retreatment, retreatment only, or no warranty at all, and must flag in bold any limits or exclusions on that promise. A contract with exclusions may not call itself a 'full' or 'unlimited' warranty. Ask for the same plain statement in Texas and Colorado. In Texas, 1951.451 requires the contract to list the Department of Agriculture's mailing address and phone number and state that the department has jurisdiction over licensees. A contract missing that is a warning sign. Then read for these points. The annual renewal fee, and whether and how much it can rise. Whether a yearly inspection is included and when it happens. Which conditions void the warranty, such as mulch piled against siding, wood touching soil, or leaks the association does not fix. A dollar cap on damage repair, if repair is covered at all. What happens to the warranty if a building is altered or the association changes companies. Insurance, with a certificate naming the association as additional insured. Colorado requires $400,000 in liability coverage just to hold a commercial applicator business license (35-10-106(1)(a)), and a board can ask for more. Our guide on HOA vendor contract red flags covers auto-renewal and indemnity.

Routine pest service and treatment near people

Many HOAs fold general pest service into the same company: perimeter spraying at the clubhouse, wasp nests at the playground and pool, rodents at the trash enclosure, fire ants in Texas turf. Price each service as its own line with a visit schedule and a callback response time, so the board can drop or rebid one without touching the termite warranty. Florida requires pesticides to be used only as the label directs (482.051(1)), and the EPA tells customers to read the label and ask when people may go back in. Ask the company for the product names before any treatment at the pool deck, playground or clubhouse, and schedule those visits for hours when the amenity is closed. Keep a copy of every service ticket in the association's files, not just the company's. Texas licensees only have to keep their pesticide records for two years (1951.452(b)).

Tell owners before treatment

Colorado and Florida each keep a state registry of people with a doctor's note saying pesticide exposure harms their health, and the applicator carries the notice duty. In Colorado, before a turf or ornamental application, the applicator must take reasonable steps to notify registered persons who live on property abutting the treated property or in a multiunit building that abuts a treated common area (35-10-112(1)(c)), must notify registered residents before a structural application to a multiunit dwelling (35-10-112(1)(d)), and must post yellow warning signs at the entry points for turf and ornamental work (35-10-112(2)). In Florida, a licensee must notify a registered person at least 24 hours before treating a lawn, plant bed or exterior foliage within the area the doctor specified (482.2267(5)). Put a line in the contract that the company checks the registry before each visit. Then send your own notice anyway: 'On [date] between [time] and [time], [company], license [number], will apply termite treatment around the clubhouse and pool house. The clubhouse will be closed until [time]. Please keep pets and children off the treated soil and beds until [time from the product label]. Questions go to [name] at [contact].'

A yearly calendar and common mistakes

Put the renewal date on the board calendar 60 days early, so the board can read the last inspection report before paying the renewal. Ask the company to schedule the annual inspection before renewal, and have the maintenance lead walk it with them. Fix conducive conditions within the time the contract allows and write down when you did. The mistakes repeat. A board buys a contract for the clubhouse when the declaration makes the association responsible for every building's structure. Landscapers pile fresh mulch against the siding each spring and void the warranty. Someone approves a 'lifetime warranty' that turns out to be retreatment only. The association switches companies to save a little and loses a repair warranty it paid into for years, because the new company treats the site as a new job. And the only copies of the inspection reports sit with a former treasurer. Keep the contract, diagrams, reports and renewals together in the association's records.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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