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Condominiums and Mold and Liability
(Who
would think those little spores could create such problems?)
A simple case of a washing machine overflowing, has snowballed, and every time I
turn around, it's something else. One night in May, 2004, my washing machine
overflowed. I lived on the top floor of an 8-story condo development. The
maintenance guy came up with a shopvac, de-humidifier and fan and went to check
other units. He said any subsequent damage was minimal. That's when the
nightmare began.....
The maintenance guy failed to check a unit one floor down, and one over and the
owners were not home. Two days later, they came home to a small portion of wet
carpeting outside their bathroom. They were upset with the management company
for not checking their unit---they had two previous water incidents--one in
their kitchen due to a slow leak from above...another when their bathroom
flooded from above. Mine was the latest water. They told me my insurance
company authorized Service Master to come into their unit (my insurance company
denies this---what they told me is "they can't prove it." Service Master
discovered PRE-EXISTING MOLD in the bathroom, and proceeded to put holes in the
walls, and tear up carpeting. My insurance company, a month later denied any
claims, citing the bylaws and subrogation clauses (still fighting insurance
issues). The unit owners refused to contact their insurance company because
their attorney told them they'd be tainted by the mold issue.
What was a simple water leak, turned into a mold remediation, and when the
Association found out I was selling the unit---four months later they assessed
me $9,000. I discovered later that while the work was being done, they
discovered a toilet connection leak to the main drain pipe.....which generated a
random study of 2l units out of l70 in the complex. Turns out water and mold
were found in 76% of the units, and a study of all units was contracted for—and
there could be a problem building-wide. The units were converted to condos two
years earlier----why the problem wasn't caught during the engineering study, is
beyond me.
I was stone-walled and phone calls not returned when I learned the simple leak
with minimal damage was much more. It seems outrageous to me, that I should be
assessed the mold remediation where there was a pre-existing
problem....particularly since I wasn't given proper notice of the assessment,
and was given my appeal rights (which I filed a complaint for to the FCC, and
the Federal Debt Collection Act)....in my opinion there is negligence on the
part of the maintenance guy not checking the unit, and the
Association/Management Company didn't even go into the moldy unit for a month.
They should have taken action immediately…they should have taken action on
previous leaks.
The moral to the story is.......I'd rather live in a shack out in the country,
then in a luxury condominium highrise. They're only as good as the Association
and Management Company that runs them. Any water infiltration should be dealt
with immediately. It is especially important in a highrise because the areas
between walls are dark, and prime places for mold, if the drywall becomes damp.
Slow leaks should be corrected---dripping water is prime for mold. It's also
important to know your insurance policy, the master policy, to make sure there's
no gaps and who is responsible for what. Mold increasingly, is not covered.
This occurred in Illinois, and I have since relocated out of state. A change to
the Condo Act makes unit owners responsible for damages for their "act." My
insurance company says the act has to be negligent...the Association attorney
says no. My attorney is good at spending the retainer money (and asking for
more). No one wants to be responsible for the mold. Not all mold causes health
problems, but some people are more susceptible to it (ie: asthma) and some molds
are hazardous. Who would think those little spores could cause such problems?
Condophobic
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Tips for buying a condo:
l) Check the bylaws as far as insurance requirements. Find out what the
Association's deductible is, and talk to your insurance agent to make sure
there are no gaps between the Master Policy and your policy. Review to see
if there is mold coverage. Make sure your agent explains to you the
coverage, and ask for a copy of the Master Policy, and bring that to your
agent to review.
2) Review to see who covers what----Association responsible for common
areas? Betterments and improvements? This area can be confusing, so make
sure this is explained and you fully understand the terminology before you
buy.
3) If buying in Illinois, caveat emptor. You can be charged back damage
just for your "act." Negligence apparently doesn't have to be involved if
my form Association's attorney is correct. Say a water heater under
warranty leaks, and you're on the 50th floor of a highrise---and you're
not home. You could be charged back the damages---or at least the
deductible for the Master Policy. Your insurance company may not pay if
they were like mine, because there's not negligence involved.
4) Check out the Association and the Management Company---a bad
Association and Management Company will not protect your investment.
5. Ask questions as to how the Association/Management Company has handled
water infiltration problems in the past, and ask if they have a
maintenance plan in place. Water problems should be dealt with
immediately. Ask who is responsible for mold in common areas and the
individual units, and if they have had problems in the past. If you're
stonewalled, or not satisfied with the answers, you may want to keep
searching. |
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of this story via email, please click
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