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Whitehall Condo
Toxic Mold Chronology
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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.
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JOSEPH R. PALUMBO, JR.
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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.
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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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