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By CondoAssociation.com • March 22, 2019

What are HOA board duties for mold remediation?

At the beginning of 2016 board was notified of foundation movement [sinking] causing damage to ceramic tile in entry way at the common wall between two units. In late 2016  that wall blew out and huge crack in drywall appeared.  Board said everything in the unit was mine so I removed part of the drywall where crack formed to show engineer the problem.  At that time we noticed mold and water leaks that had been going on for some time. Board was notified and they finally had Insurance company come out. Insurance company denied the claim because the leak had been going on for some time and the siding was rotted from neglect of maintaining the siding [T1-11]. The insurance company also stated Fungus [mold] in the common wall. Board sent me a letter and said I should contact my insurance company which I did and they denied the claim for the same reasons the associations insurance claimed. My insurance also stated it was from association negligence and their duty to repair. I also removed some tile to show crack in the slab from foundation sinking. So board did nothing at that time to stop leaking or test and remediate mold in the common wall. Fast forward to November of 2017 where the board was forced by the city to repair damages and to give them a report on if there was hazardous conditions [mold] for me to be living in. Report from a home inspection company came back [November] that showed where the leaking could be coming from and reported signs of mold on the studs and insulation in the common wall which the board never fixed also the owner because water was still coming into the wall. So finally at the end of February they had a contractor replace 2 sheets of siding and no interior work or mold remediation. Well the very next week the wall was still leaking water and the board was contacted which the board did nothing. To add into this from the beginning of 2016 my front wall was also leaking water and damaged the jamb of the entry door. They also replaced the siding on the entire front wall which leaked worse from improper flashing between top and bottom siding joint and is still leaking to this day as is the side wall. Lawsuit started in summer of 2018 [still going] and during this time my back living room wall started leaking over my sliding glass door. So finally here in 2019 owner had mold testing done which was the boards responsibility from the beginning and the report came back at Level 3 unit contaminated with toxic mold. The mold testing was done at the beginning of March and the report was given to the association and its attorney’s and owner did ask at December inspection with board and attorney’s when they saw the mold if they were going to remove owner and have it remediated, no response. So still to this day the attorney’s and the board  will not respond to the owners request about the mold and living in it. The original board from 2016 only has one member left from then which is being sued personally in the suit. The board only has 3 members and two of them are new board members.

So what is the duty of the new board to take care of the owner and the mold? Owner has tried selling but not even cash companies will not buy until the common area and mold is taken care of. The owner is financially ruined and has had nowhere to go live.  Even though there is a lawsuit what is the responsibility [Duty] of the board?

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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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