From your account of the past preventative action taken by the OC (or lack of it), in my opinion it would not be sufficient to have the OC’s responsibility for the termite damage waived.
Termite inspections were not carried out frequently and no bait stations etc were installed, even though they were recommended.
In my opinion the OC clearly did not do all that it reasonably could to take preventative action to mitigate against termite damage.
Had the OC been more pro-active, including the undertaking of annual inspections and the implementation of a bait station and monitoring program etc, then my opinion would be different.