I live in Montclair CA in a townhouse. Who is responsible for termites damage? Outside and inside the home?

You will need to have an attorney review the CC&Rs, the condominium plan and the first deed of your unit to its first buyer. On some condominium plans, balconies are part of the units. On many condominium plans, balconies are designated as exclusive common area, meaning the HOA owns it, but only the designated adjacent owner gets to use it. But even if it is exclusive common area, some CC&Rs make repairs the responsibility of the HOA, and many make it the responsibility of the exclusive user. Termites in an upstairs balcony raises the question of how they got there and whether there are termites in the wood between the ground and the balcony, and whether the termites are in structural members. If the HOA allowed termites to run amok through its common area until they got all the way up to your balcony, the HOA might be responsible for that damage. Your CC&Rs and the Davis-Stirling Act provide for Internal Dispute Resolution and mediation, to try to resolve such disputes before incurring the cost and controversy of arbitration or litigation. After the questions discussed above are answered, then your attorney should exercise those forums for resolving the disagreement. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack