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By CondoAssociation.com • April 23, 2015

Should Colorado HOA hire lawyer over mold problem?

We recently had a leaking pipe situation in our rental condominium which was not addressed on a timely basis by the Homeowners Association maintenance personnel. The leaking pipe was a common waste water pipe and created a mold mitigation problem with our unit requiring mitigation, removal of ceiling, floor and back wall of the bathroom in unit.

The HOA requested a mold report which we complied with. Rather then wait for decisions to be made by the slow to act HOA, we had professional mold mitigation done. We have paid for all repairs to the unit's bathroom and have been denied any financial assistance from the HOA....not even payment for the mold report which they requested.The bylaws states:paraphrased.. "Damage to the interior of any part of a unit resulting from the maintenance,repair,emergency repair, or replacement of any common elements or as a result of emergency repairs within another unit at the instance of the Association shall be a common expense of all of the owners; provided, however that if such damage is the result of the negligence of a unit owner, the such unit owner shall be responsible for all of such damage."

My question is that after paying $9817 for mold mitigation, repair and restoration to our unit, would it be worth our time and effort to contact an attorney. The HOA has already obtained a legal opinion that is not in our favor. Any advice is greatly appreciated.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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