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Whitehall Condo Toxic Mold Chronology     Click here for Photos


July 1, 1995 - Bought Condo Unit at 507 Corey Lane, Middletown, RI at Whitehall Farm Condo Association.

September 1, 1998 - My son, Richard K. Berry (DOB: 5/17/69) moved into the downstairs bedroom and became quite sick. He had previously had lyme disease and we thought he was having a relapse. He was having severe neurological symptoms and sent to a neurologist and psychiatrist for panic attacks during this time period. Medical records are available. He now believe that his illness was caused by mold.

September 1, 1999 - My son moved out of the condo to get an apartment of his own.

November 14, 2001 - Son’s wedding. I was concerned about wedding guests staying in that guestroom with the bad, musty odor. I searched the room but could find no visible signs of mold. I installed moisture absorbing materials (Damp-EX) in several places in the room, and bought potpourri, opened the windows, etc.

December 2001 - I was cleaning guest room and moved a small bookcase along the south wall of downstairs bedroom. Found mold visibly growing behind the bookcase in that bedroom. Cleaned the mold up with a bleach solution. Reported problem to condo association and also complained of hearing creatures (birds and or mice) in the walls. No response from Whitehall Condo Association.

Feb 26, 2002 - Made complaint in writing to the Roger Dwyer, Whitehall Maintenance Rep, regarding a nest of creatures (birds, rats) in my wall as well as a complaint about moisture and mold in the downstairs bedroom. This complaint is documented in an email. He responded back by saying told that Whitehall would get an exterminator. Obviously, that never happened., and I was never contacted by an exterminator. No one ever responded to my concern about moisture and mold. I have hard copies of the emails.

April 2, 2002 - Hired Robert Weaver, a former maintenance man, to help with small chores around unit and help me solve the “bird “ problem. Mr. Weaver, who is also an avid bird watcher, saw birds flying into and out of the structure at the rear of the building, near the roofline. Upon investigation, he found a rotted hole in the structure by the guttering where the birds were going in and out. His opinion was that it should be reported to Whitehall Condo Association for repairs and opened up to check the moisture damage in the wall cavity.

Request was made to Whitehall Board about the hole in structure. The Whitehall maintenance man, Kevin Coristine, came over and filled the rotted hole with expandable foam spray to patch and block the hole. No other remediation was suggested, although I wondered at the time if this was an adequate fix, since he only blocked the hole, as documented on the Whitehall Maintenance Log. The Maintenance log states that hole was blocked on Feb 26, 2002, but that was an incorrect entry, and the hole wasn’t blocked until the spring of 2002.

July 28, 2002 - Another emailed written request made to Roger Dwyer, with copies to other members of the board. In this email I also notified them that I had serious health issues and was deeply concerned about the mold.
This complaint was about the recurring mold problem in the downstairs bedroom. I also complained about a large, overgrown evergreen growing directly against the outside wall, blocking sun and ventilation to the building. I am noting that none of these problems would have been addressed had I not complained. I began to realize that there was no routine or preventative manintenance at Whitehall, and that if a unit owner did not complain, that the problems would be overlooked. This was concerning, as there are many elderly owners at Whitehall that cannot perform inspections of their buildings. 
The large evergreen growing next to the house was finally removed.

October 2002 - Developed severe rash and vasculitis (skin lesions due to inflammation of the blood vessels) on leg. Went to doctor for biospsy. He was concerned that the vasculitis could be affecting my interrnal organs. Fortunately, it did not progress, although I continued to have skin rashes. At the time, I did not realize that I was being affected by toxic mold in my condo. (I have monthly medical appointments during this time, documenting all the symptoms, infections, etc. – Dr. Michael Baaklini, Internist, Bristol, RI.)

November 9, 2002 - Found an additional patch of mold on an inside wall (not a wall connected to the exterior) Another emailed complaint in writing to the Board and Roger Dwyer about the serious mold and mildew problems in the downstairs room. I mentioned that I thought the moisture could be leaking into the walls from the outside. I asked for an professional inspection of the problem, which was denied. Roger Dwyer told that I could get a mold testing kit at Home Depot for $9.95.

November 14, 2002 - I made a statement in writing to the Board that I would be getting an inspection for toxic mold though a certified home inspector and asked for reimbursement of $375.00. They declined to reimburse me.

November 18, 2002 - Mr. Coristine and another worker arrived to work on the exterior and removed some of the rotting wood, but left almost half of the rotting wood in place. (This is documented in the photos) He told me he thought the moisture was coming from my dryer vent and that he would repair that. He also stated that he had discovered that there was NO FLASHING on the roof valleys on the south side of my unit. (Refer to photos of dryer vent after the so-called repair) I later learned from my private contractors that the dryer vent was made from a flammable material that did not meet building code requirements, although Whitehall had never warned me of that danger, even after removing the plastic venting material. In addition, the Whitehall “repair” consisted of putting duct tape around a crack in the vent, and reinstalling it without even clearing the dryer vent of lint. (See photos - coming soon) Later when the vent was removed by my private contractors, I was told it was a fire hazard. I paid contractors to replace the vent with the proper metal ducting and also had the vent totally cleaned by All-Pro to remove lint blockage.

November 18, 2002 - Air testing was conducted by Amerispec Home Inspectors, Milton Cleveland. Mr. Cleveland did an air test on the downstairs bedroom. When I asked him to test the upstairs, he said it would be too expensive and not necessary. I was not experienced enough with mold to realize that I should have had air tests done on all levels of the home. I complained to Mr. Cleveland about his inadequate testing, and said that he should have also tested my second and third story living areas. He ended up refunding me half of my money for the inspection.

November 22, 2002 - Appt. with Richard Connors, adjuster, of Providence Washington Insurance Company. This is regarding my personal insurance policy for the contents and the inside of the condo.  Mr. Connors advised me to get a lawyer and stated that he was under the impression that the damage would not be covered by my policy, as the damage appeared to be caused by Whitehall’s negligence in building maintenance over a long period of time. The entire contents of the downstairs closet and all the clothing was covered with mildew stains. (Evidence still available) Although I cooperated with Providence Washington in providing them documentation, they would never put their opinion in writing, despite my attempts to get them to do so.

November 22, 2002 - Air test report came back showing dangerous levels of toxic mold in my home, including the toxic mold Stachybotyrs. I learn that Stachybotryrs is only found inside when there is extensive water damage (See report) I was told by home inspector, Milton Cleveland , that because of the size of the area affected, that I would need professional remediation for the mold. He did not indicate knowing of a company that would do such a remediation. I immediately notified Whitehall about the problem I also emailed them articles about toxic mold to educate them on the subject. Each member of the board was emailed a copy of the toxic mold report.


November 26, 2002 - Jack Lewis of the Condo Board came over to inspect the problem. I asked for a professional consultation on the problem, but was denied.

November 29, 2002 - Whitehall held a meeting to discuss problem, which resulted in the letter in which they declined to take responsibility. (Letter on file from Whitehall Farm dated Nov. 29, 2003, written by Barbara Reed) They was never a professional consultation regarding the problem, but their conclusions were based soley on their personal judgement..

(Medical/Emotional)This was a very stressful and difficult period for me, as I was having severe panic and anxiety, about how I would continue to live in the unit. I ended up missing the Thanksgiving holiday and instead began cleaning the hard surfaces in my home. I began to realize the confusion regarding toxic mold issues. Many friends other professionals were advising me to move out of the unit, but I did not have the financial resources to pay a mortgage payment in addition to rent. Also, I do not have family in the area or any other options. I had a multitude of medical problems: very frequent urinary tract infections, skin rashes, scalp rashes, headaches, respiratory problems, vasculitis, chemical sensitivities, fatigue, memory problems, and symptoms of fibromyalgia. . When I woke up in the morning, I noticed that my hands were numb. My doctor ordered neourological testing to rule out Multiple Sclerosis. (Dr. Gus Stratton, Cranston, RI, neurologist). I had an MRI sometime in 2001 which indicated that I had had some mini-strokes in the brain. I was put on Plavix to prevent a possible stroke. I was also seeing a psychiatrist , Dr. Diane Baakline, Bristol, RI during this time to handle medications for the anxiety and depression related to living in this stressful situation.

December 1, 2002 -
I sent the following email to all the Board members:
“I am very upset about Whitehall’s lack of response to my well-documented moisture problems, as well as a problem with vermin in my walls. Could you please send me the records of having the estermination done after my complaint on Feb 26, 2002? At that time I was complaining about moisture and vermin in the walls. Even though the board has made efforts to fix the outside leaks ony after I said I would be getting a mild inspection, this problems needs the attention of a mold professional. This is a serious health issue and I am not happy with your response, and wil be getting a legal consultation as soon as possible.”


December 3, 2002 Mold abatement and Decontamination Prosposal ($410 for evaluation)
I contacted Philip B. Renzi, ASCS, CMR of AirCare Environmental Services.
He submitted a proposal for mold remediation at a cost of $8, 398 to $9100, depending on the scope of the problem. Mr. Renzi also conducted air test on the upstairs (2 nd story) and also cut into the inside downstairs bedroom wall with a special camera, where I was able to see dead rats and mold in the photos. After I mentioned to Mr. Renzi that I would be giving this information to my attorney, he withdrew his proposal and said he would be canceling the results from the air test.

I had also contacted a company that I found on the internet and they gave me a price of approx. $10,000 for mold remediation.

I finally contacted a local company, All-Pro Cleaning and Restoration. Although I was not convinced that they were experienced mold remediators, this was the only option that I could afford.

December 3, 2002 - Realizing that this problem was far too complex for me to handle alone, I hired and paid attorney Joseph Palumbo, to represent me in this matter. Mr. Palumbo tried to work it out with the insurance company for approximately 6 months before commencing a lawsuit in late May 2003.

Dec. 12, 2002, All-Pro Mold Remediation - They treated and remediated the mold, removed the moldy carpeting, treated the affected ceiling rafters,cleaned air ducts, cleaned all carpets and wiped down all surfaces in the home for a cost of $1855.

At that time, I also retained attorney Joseph Palumbo for a consultation on the matter.

Purchased air-purifier to assist in the decontamination of airborne mold spores. Cost $350.00

December 20, 2002 – (Medical) Informed my internist of the toxic mold problem and had blood tested for mold. Testing showed positive allergic reactions to molds, specifically Pencillium. I was concerned about the connections between toxic mold and liver cancer, as my liver had already been compromised by the Hepatitis C virus. He recommended follow-up at the Lahey Clinic in Burlington, MA

January 10, 2003 - During kitchen rennovations on the second floor, additonal extensive mold was discovered after removing wallpaper (shown in photos.) It was obvious that the moisture and mold problems were much more extensive throughout my unit that even originally thought. Whitehall again notified.in writing by my attorney at the time, Joseph Palumbo. The board was sent photos of the newly discovered mold and moisture damage.
There was no response from the Whitehall Condo Board.
 

JOSEPH R. PALUMBO, JR.
-----------------------------
January Tenth
Two Thousand Three
John Lewis, President
Whitehall Farm Condominium Association
118 Corey Lane
Middletown, Rhode Island 02842

Dear Mr. Lewis:
Today, January 10, 2003, Judith Berry's contractor discovered extensive water and moisture
damage to the walls on the north side of her unit on both the first and second floor caused by leaks
and/or lack of flashing in the exterior wall and/or roof.
Please arrange to inspect this damage immediately, and, make arrangements to repair the same.
Very truly yours,
_________________________
Joseph R. Palumbo, Jr.
JRP,JR/blp
cc: Judith Berry


Sometime during this process, Whitehall said that Kevin Coristine would come back and repair the rotted siding that he had not removed the previous time. I had pointed out the half-done maintenance job by Kevin Corstine to the board by emailing them photos of the repair job. For some reason, he only replaced about a third of the moldy wood. I also checked the exterior at the time, and was able to put my finger through the rotted siding, which had been freshly painted over. I asked him not to come back as I was fearful of him disturbing the mold spores, as it was obvious they were not following any of the recommended safety procedures for removing moldy materials. I was also very leery about having him to any additional maintenance work, because of obvious deficiencies and his attempts to disguise problems by painting over rot. It was also very obvious (shown in photos) that Mr. Coristine was doing very sub-standard work. This was pointed out to the board as well.

Also, during the month of January 2003, I contacted Whitehall Farm’s Insurance Company, New London County Mutual Insurance Company. One adjuster’s name was Douglas Newton. The board had not reported a claim to them, but I learned that it was within my rights as a unit owner to file a claim. The board did not offer me any information as to my rights in filing a claim myself or even give me the name of the insurance company. I finally got the insurance information from another Whitehall owner, Diana Wray. I also talked to Mrs. Wray about the problems, and she suggested that I contact Jack Kane of the Middletown Building Inspector’s Office.

I also contacted a local engineering firm, Hallowell Engineering. Mr. Hallowell told me that he had a expert working in the firm that was an expert in “building envelope” failure. His name was Steve Lemmo, and Mr. Lemmo also inspected the unit and said that Whitehall needed to replace my north wall, roof, guttering, etc. Mr. Lemmo refused to put his report in writing, and did not charge me for his opinion. I attempted to contact him several times, but he would not return my calls.

Sometime during the last weeks of February 2002, Jack Lewis and Barbara Reed , condo board members, came again to inspect the newly found mold on the second floor, but did not get back to me regarding any solutions or recommendations.

During this January and Feb. 2003 time frame, adjusters came from New London County. One adjuster’s name was Douglas Newton One adjuster stated that the problem was a “no brainer.”

Feb 17, 2003 – Received email from Jack Lewis, stating that they had received the notice of moisture coming through the north wall.

Feb. 17, 2003 – Hired an industrial hygienist, Dr. Kathy Feldman from Applied Microbiology Services (860-334-2852) to do air testing in the unit after the mold remediation. Mold spore counts were not considered excessive. The predominant organism in the indoor samples was Penicillium. Cost of testing: $375.00

Feb 18, 2003 – Barbara Reed and Jack Lewis of the Condo Board come into my condo to inspect the moisture and mold damage.


Feb. 21, 2003 - I sent a complaint letter to New London County Insurance Co, expressing my concerns about the continuing moisture coming into my condo and also my health concerns. The letter was never answered.


April 2003 – Took copies of color photographs of the mold and moisture problems to the Middletown Building Inspector’s office and met briefly with Jack Kane. He looked at the photos and said, “This is not right.” But he said, they really couldn’t do anything to help me out, but that I could have my lawyer give him a call.

April 30, 2003 – Received settlement offer from Dennis J. Franchetti, Senior Casualty Adjuster of New London County Mutual Insurance Company of $5,650.00 for interior repairs only. “It is understood that the above captioned policy will not provide coverage for the restoration of the exterior which caused the mold problem".


This places me in the untenable position of not being able to fix the interior, without first fixing the exterior, which appears to be the source of the problems. I am unable to sell or rent my unit without taking huge losses and liability. I am unable to move out because of finances. My entire life and my health and financial well-being are put in jeopardy by this irresponsible and arrogant Condo Board of Directors.

April 16, 2003 - Posted letter to neighbors at the designated place (by the mailboxes) describing my predicament with the toxic mold and the condo board. Notices were immediately removed within 60 minutes or so.

May 2003 – Spoke to neighbor, Edwin Bader, on the telephone regarding problems related to the current Whitehall Board of Directors. He mentioned to me that two board members had recently stopped by his place. When he mentioned the toxic mold situation as described by me, the board members dismissed it and told him that I was “crazy.” Mr. Bader has told me he would testify if necessary in court.

May 31, 2003 - Whitehall Condo Board annual meeting. Minutes were published after this meeting indicating that the toxic mold issue was brought up, “but two or the three affected areas were thought to be the responsibility of the owner.” This was published in the newsletter.

June 2003 - Was told by another Whitehall neighbor, Carolyn Petrocelli, that she was speaking to Roger Dwyer of the Whitehall Board about the toxic mold problem at Whitehall immediately following the annual meeting, and that he stated to her that I was “crazy.” Caroloyn is also willing to testify to that information.

June 11, 2003 – Had second floor of unit tested again by Dr. Kathy Feldman. Indoor old spore counts in the home were considered at normal levels. Recommendations: “Promptly dry any water intrusion and apply a mold inhibitor such as diluted bleach solution. “ I have been spraying the interior walls with a bleach solution after it rains, to prevent new mold formation.

June 20, 2003 - Worried about the continued moisture and mold in my home, I purchased four air purifiers from the Allergy Buyer’s Club for a total of approx. $1200.00. I also purchased a dehumidifier which runs constantly in the downstairs bedroom.


June 23, 2003 – Medical follow-up at the Lahey Clinic. Tested positive to molds, documented in medical records.

Summer 2003 - Continued to notice problems around my unit regarding maintenance. During the summer, the guttering was full of water on my unit; downspouts were pouring directly on neighbor’s roof, missing downspouts allowing water to go into foundation.

Took photo of rotting facia board above my guttering on the second floor deck, east side. Also noted that shingles were crumbling and the roofs were becoming algae and moss-stained. Also noted some siding removed from another unit in this section, and the owner told me that she had been complaining about dry rot for years, and they were finally replacing it.

Bought de-humidfier for downstairs room to help prevent more mold formation.

Sept 20, 2003 Attorney Palumbo sends letter to Whitehall’s attorney stating that I need to erect a protective tarp covering over my unit to protect it from the winter elements.

October 1, 2003 Whitehall maintenance Kevin Coristine and another worker arrive to replace the rotted facia board as shown in photo given to their attorney. They replace the entire area along the guttering. This is also mentioned in the Whitehall Maintenance Log “

October 28, 2003 Someone just rang the doorbell, and I yelled down off my balcony asking who was there. I have very few unannounced visitors like that, and was suspicious. They had rang the doorbell twice. He finally said, "It's Jack Lewis, and aren't you going to let me in." I said "no, and why should I?" He said, "fine, I can tell you right down here." He went on to say that I have two flower boxes on the front of my unit that I was warned about, that had to come down NOW, or that he was going to be issuing a fine." Meanwhile, I am about ready to go off on him as he actually had the nerve to speak to me about flower boxes, when I am living in an almost uninhabitable place that leaks. I said, "Mr. Lewis, if you want to communicate with me you can talk to my attorney. He said, "I don't want to talk to your attorney." I said, "fine I'll see you in court then."

I really consider this harassment as other people have flower boxes and Coats of Arms and other things......he was almost shaking with anger....kind of a scary guy.


November 06, 2003 - Informed my neighbor to the north, Jim Gallapieu, that I would be erecting a tarp over my unit. He said he did not object.

MY losses:

My financial welfare


My health/exposure to liver carcinogens


My home and property has been almost inhabitable for over a year (I cannot rent or sell the unit)


My emotional health – this stress that this has put me through is incalculable


My business – I have been unable to devote the time and attention necessary for required for the best results, due to the constant stress and breech of contract

My son Rick states that he feels he was affected by the mold as well


Nov. 2003
I am facing my second holiday season looking at bare walls and studs on the first and second floors. Whitehall continues to ignore the situation despite my attempts to protect myself during winter months. I notice that Whitehall has removed the “maintenance log” from the internet. I notice that the board members are upgrading their own units, with new garage doors, front doors, and ventilation ducts in the roof on the President’s unit. I feel that their needs to be an extensive audit of the Whitehall Board financial records, since they don’t seem to be performing any preventative maintenance, only patches here and there, with only one maintenance person there part-time for 120 units. I am questioning where my maintenance fees are going other than for the mowing of the lawn. There is actually no snow removal on the streets or sidewalks, only superficial scraping of the streets. Many elderly people are forced to remove their own snow from their driveways and sidewalks.

Dec. 2003
I am running out of options. I cannot rent or sell the house, nor can I continue to damage my health living in a place with water intrusion. I realize that the litigation may last for years, and I have an immediate problem. I have no choice but to hire my own contractors to fix the exterior that Whitehall says is not their responsibility, although I pay 200 a month in condo fees for maintenance.
I am tired of spraying the bare walls with a bleach solution every time it rains.
I have tried to protect myself by buying air-purifiers and dehumidifiers to keep the mold from spreading. I also take antioxidants and multivitamins, and immune system boosters.

Emotionally, I am so depressed that I cannot decorate for the holidays, for my second Christmas in this mold and fear. When I drive in the Whitehall entrance, and see the Christmas wreath, and the wreaths on the board member’s doors, I think of the cruel irony of this situation. I am not invited to the neighborhood Christmas parties, since the board has slandered my name and put out the word that I “am crazy” and that I have made up my own problems.

I discuss with my attorney the possibility of doing the renovations myself, since I cannot afford to wait any longer. I am so concerned with living with moisture -stained, black moldy walls, and the possible carcinogenic effects upon my already compromised liver.


Jan.6, 2004 (need to confirm this date)
Began the construction project with ESHI construction to remove the walls and studs on the first and second floors. I was appreciative that these contractors were willing to do this work in the middle of the winter months, with the frigid temperatures outside. In order to fix the faulty flashing on the eaves, we were required to re-roof the neighbor’s unit, as well as remove my walls.

When the siding was removed, I was even more shocked to see the extensive rot and mold, as well as nests of carpenter ants under the siding.

After the walls and roof we removed, Jack Lewis, condo president, came over and told my contractors to quit or he would call the police. He said that they obviously didn’t know anything about condo associations, and that the exterior belonged to the condo association, and that I didn’t have any rights to fix it.
The contractors left the premises, and I was left in the middle of winter with no walls to my unit, only covered with Tyvek. I was also concerned about the possible damage to the neighbor’s roof, which would have been completed that day, without the interruption from Mr. Lewis.

During this period I was totally desperate, and contacted the Governor’s office, as well as the Middletown Building Inspector’s Office. After several attempts, the building inspector did write a letter to Whitehall on my behalf, but still no response.

I feel so depressed that I contact my doctor for a change in medication, as I am beginning to feel hopeless with suicidal thoughts.

Feb. 15, 2004
With my attorney’s help, I finally got permission to finish the construction.


April 04, 2004
Renovations were completed, the mold had been cleaned up, and the rotted walls were replaced. I decided that even though I had loved the condo and the area, that I must sell the condo, to escape the continual problems with the condo association. I was upset to find that real estate prices were so high in the area, that I could not afford to buy anything even comparable to what I had. I listed the condo for sale, disclosed the mold problem, and it was sold by Margaret Simpson of Gustave White Real Estate. I lowered my price on the property 20,000 to allow for the previous mold history. We received a contract on the property on April 30, 2004.

June 2004
Received a call from Margaret Simpson, saying that Jack Lewis had contacted her and asked her to write a letter on his behalf, stating how “cooperative” he had been during my sale process. I don’t know if the “cooperation was just his sending of the resale certificate and speaking to realtors, which I thought was his job anyway, particularly since he is a paid board member with his own condo fees waived, which in my opinion is is a conflict of interest.

July 12, 2004
Condo sales closes.

July 28, 2004
Mediation session scheduled. I flew 1400 miles for this mediation session, and the insurance adjuster didn't show up for the hearing. It was rescheduled to July 30, 2004.

July 30, 2004

New London County Mutual Insurance cancels the hearing, saying that my mold expenses were "unexpected."

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