Showing posts with label mold. Show all posts
Showing posts with label mold. Show all posts

Monday, May 13, 2013

Mold a Tricky Problem for Condominium Owners


By: Nathan Lamb

A mold outbreak is causing legal and financial headaches for residents of a Palm Strings condominium complex, according to this story from the Desert Sun.

The problem was discovered more than a year ago by retired school teacher Rita Siegel, who found a water leak from a neighboring condo had seeped through a shared wall and into her closet.

Siegel blames the damp conditions for causing a mold outbreak in her unit, and she moved out of the Riviera Gardens complex shortly after. Living in hotels while waiting for the problem to be fixed, she’s also been locked in a lengthy dispute with the homeowner’s association, its insurance company and the bank that owned the neighboring condo unit—the condo unit with the leak was vacant following a foreclosure.

A spokesperson for the Environmental Protection Agency (EPA) explained that mold in shared walls is a complicated issue that’s outside their jurisdiction. Since no state agency has direct authority over mold, those disputes are typically settled through the legal system.

Los Angeles attorney Robb Strom is not representing Siegel, but he averages at least 10 mold lawsuits per year. He said homeowner’s associations are often involved in such cases and can be found liable. He added most cases settle out of court.

The homeowner’s association claims they were responsive to the issue when it was reported, and that Siegel was uncooperative. The association claims the mold problem at the unit has been fixed, but Siegel retained an environmental consultant who says otherwise.

Siegel told the Desert Sun she’s hired a lawyer, but was uncertain if she’d file a lawsuit.

According to the EPA, mold outbreaks can occur almost anywhere there’s moisture and oxygen. Health impacts vary according to age, allergy sensitivity and level of exposure. Common symptoms include headaches, breathing difficulty, allergic reactions or aggravated asthma. Mold spores can also be toxic in some circumstances.

Monday, October 15, 2012

Mold Contamination Figures into Long Running Construction Defect Issues

By: Duane Craig
Approximately 70 residents in a housing development in Manatee County, Fla., want their homebuilder to buy back their homes because of structural defects, water intrusion, mold and sinking floors, according to this article.

Two former employees of the builder, KB Home, claim they advised management of the problems and recommended that home sales be stopped until the causes of the defects were discovered and corrected. Those employees were subsequently fired and they each brought lawsuits against the company in 2007 and 2009. A local, licensed contractor who inspected one of the residences said architectural plans had not been followed and the lumber used to build the home was contaminated with mold before it was ever installed. The mold contamination then spread throughout the structure. One homeowner had to move out of his house on more than one occasion so that repairs could be made. He is especially angry at the builder, now believing the company knew about the problems all along.

These cases at Willowbrook townhome community have prompted the Manatee County Board of Commissioners to support legislation at the state’s level that would remove mandatory arbitration clauses from contracts dealing with home sales and construction. The clauses effectively remove the option for homeowners to pursue civil lawsuits and often tie them up in mediation proceedings that exhaust their resources, according to this editorial