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DonnaS (Tennessee)
Posts: 5,671
Posted:


As many of you know, I still own a side by side unit in South Florida. We got a call from our tenant that the air conditioner should be replaced soon on advice from the bi-annual service on the system. They are very concerned about mold growing in the unit next door, shared by a common roof.

Upon talking with the 3 companies who bid on the replacement job, 1 of them asked if we were aware that the unit adjoining ours, had no power to it and the air conditioning was not running. (He saw this because of the meters being close to each other). In S. Florida, the humidity is a major factor and mold is always a vaild concern so I went on search mode.

The unit has been closed up for 20 months and is in forclosure, due to go to auction in June. A call to the property manager says that they may not enter a unit other than in an emergency, which this is not considered one. I called the association attorney and the story was the same. Contacted FPL (power company) to verify that there was no account or service and that was verified. I asked about emergency service bcause of mold. They are not responsble and forwarded me to the FPL law offices. Same story again.

I called Wells Fargo who owns the unit. and they were adament that they do not pay for any utilities, therefore, no electricity to the unit. So where to go from here? I am trying to find case law on any similar cases like this. Has anyone got knowledge of a similar situation?

Then a little bit of good news came. #1, In the worst case scenerio, we do have a Mold Rider on our H.O. insurance. #2, Upon close inspection of the unit and it's blueprints, the common wall is concrete, with a firewall seperating the attic and all of the understructure so that helps AND the tenants keep their space extremely cold which helps to keep the mold out. The company selected to replace the air system also does a mold inspection and uses a meter for mold count. (YEA!!) So if we do encounter mold in the unit, I will need to bring out the big guns and perhaps start a new law to help innocent people who have to deal with these Bank owned properties that may adversly affect it's neighbors. My Tenants are 84 and 86 years old and should not have to deal with additional health worries.
GlenL (Ohio)
Posts: 5,491
Posted:
Sounds like your doing all the right things except I would follow up on the phone calls with a letter stating what you understood from the calls to start a paper trail. Also you might want to contact the local public health department to see if there are any local ordinances that can help.

Studies show that 5 out of 4 people have problems with fractions
DonnaS (Tennessee)
Posts: 5,671
Posted:

Thanks Glen,

I have the paper trail going but the Health Dept sounds like a great idea as well. I know that I am not the only person in this country dealing with this. As the Wells Fargo people told me, "we have hundreds of thousands of these empty units and could never keep them up to date with utilities." I understand that and I also understand FPL having even more of them. Sheesch!
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well. another idea is for you to pay the utility to just have the venilation fan turned on all the time.

It's called the furnace fan here (in cold weather land,) and it is just to move the air around the entire house.

Houses sitting abandoned and no air moving in them is a real set up for all kinds of bad things happening.

I would think the HOA would even consider this and fold it into special assessment for just that unit. Shows the HOA cared about the entire health of the community and the partiular unit. That might be a selling point down the road.
BarbaraD6 (Florida)
Posts: 347
Posted:
Hi Donna,

The unit next to mine was closed up for over 2yrs with no ac on. I had contacted the health dept. but they said their was nothing they could do. When the unit was finally sold it had no mold problems.

Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Another idea Susan but the unit owes thousands in utilities and the new account hook-up fee is large as well. The bank owns it, therefore, I have no rights to enter or have it serviced.It is locked up in courts with the bank and the HOA now and we jst have to hope that the Health Dept might do something.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am with Barbara on this. I don't necessarily see a huge mold risk.If the Water and utilities are both off, I would say that may even lower the risk of mold forming. Knowing what I know about home construction there has to be several factors involved. A closed up unit with no electricity doesn't necessarily equal a mold issue. We had a unit closed up for about 10 years. It wasn't moldy.

There are different forms of mold. Not all of them unhealthy or cause health issues. Most of the time the suggested treatment for dealing with mold is to spray the walls down with bleach solution. They don't even require full removal of dry walls. This is sufficient treatment.

Honestly, I have not been fully convinced of this "mold" panademic. Too many contractors ready to bounce on it for big money to milk the insurance companies. Not to say it's not a valid concern. My concern lays more within the contractors who convince owners to pay large amounts of money to remove it. It's kind of like "Radon Gas". Yes, Radon gas does build up in houses but just opening a window will get rid of the problem.

Besides, the new owner's will be the one's to deal with the mold issue if there is one. Let them contact you if they have to do any work with you.

Former HOA President
DonnaS (Tennessee)
Posts: 5,671
Posted:

Melissa,

I am not at all concerned about what the new owners will have to deal with in their unit and we are talking about black mold. It is my unit which shares a common central wall with that unit. 2 years in South Florida with 80% humidity inside a block, rather airtight building is the issue. I have called for a mold air test which is now part of selling common walled units to see if we have been breeched. It is not all that expensive and will put the Tenants minds at ease....hopefully if we are free of the mold.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Donna ... you are so awesome. Not many landlords take such good care of their tenants. I did not see any case law when I did a quick search, except for a few where the HOA had pipes leak and did not fix. There potentially could be some in the future with all the foreclosures. BTW ... I thought your rain barrel was the best.

RobW (California)
Posts: 279
Posted:
I'm with Melissa: There is no conclusive proof that mold is dangerous, or can be linked to serious or fatal illnesses. Yes, some people have allergic reactions to some spores in some cases, but human beings evolved in a spore-filled world, and we've somehow managed to make it this far.

Rob
DonnaS (Tennessee)
Posts: 5,671
Posted:

"There is no conclusive proof that mold is dangerous, or can be linked to serious or fatal illnesses. Yes, some people have allergic reactions to some spores in some cases, but human beings evolved in a spore-filled world, and we've somehow managed to make it this far."... SERIOUSLY????

South Florida has an average humidity level of nearly 60% The unit is less than a mile from the Intercoastal River.

The hazardous health effects of black mold are due to a toxic substance called mycotoxin, which is a byproduct of black mold. Mycotoxin is a light weight spore and is often termed as a secondary growth of black mold. These toxic substances enter human body through skin contact or via breathing. Open cuts or sores also provide an entry point to the mycotoxin. This mycotoxin is also circulated throughout the house, by the means of air conditioning systems, fans etc. Black mold health risks are dependent upon the severity of infestation and the type of individual. However, the group of individuals most prone to serious black mold health effects includes:
•Infants and children.
•Elderly people
•People with weak immune system.
•Pregnant women.
•Individuals with medical history of allergic reactions or respiratory disorders.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
And WHO puts out this information about "Black mold"? This is where my concern lies. I've never bought into the whole "black mold kills" theory. I've also never bought into the "Radon Gas" hysteria either. Plus now there is the "Chinese Wall board" disaster floating around.

I figured as long as their still is a chance I can get hit by a bus walking across the street...It doesn't matter how many mold spores or toxic fumes I am exposed to...

Former HOA President
DonnaS (Tennessee)
Posts: 5,671
Posted:

Cleveland Clinic, Mayo Clinic, Vanderbuilt University, Cornell U., U of Florida, etc.

Let me try this again. IF it were just me and my risks of health problems, I would NOT be writting about this. I have elderly tenants. The Florida law says that I must protect them from environmental concerns while they are inside of MY unit. The Tenant is worried because the unit next door may infiltrate his space. HE has asked for an action on my part. I have taken action OR MAYBE HE WILL SUE ME IF THEY GET SICK.

I have done my part, I have asked you all if you have any experience or know of a case where this went to court. I have gotten a test scheduled and am comforting the tenants.
RobW (California)
Posts: 279
Posted:
Lots of things in this world can be bad for you if consumed in quantity, but we don't go crazy worrying about them. Why mold? Just the very mention of the word brings forth the horror of the black plague. That's it - black mold is the new black plague, only without the mass deaths. Who is behind the hysteria about mold? It is, after all, an ever-present condition in our lives, and, as I said, it's been so since human beings first arrived on the scene. There are also poisonous snakes across the U.S. (lots of them in Florida), poisonous spiders, disease-carrying insects and dangerous bacteria everywhere.

Then there are the man-made toxins which truly are dangerous. They are everywhere - spewing out of our cars, in our closets, under our sinks, in the carpeting we walk on, on the shelves in our garages, in the fingernail polish remover we use - and we're inhaling them, ingesting them and coming into physical contact with them 24x7. But where are the guys in HasMat suits coming to take the Drano from our bathrooms, and the Apertame-contaminated foods from our kitchens.

And don't get me started about roaches, silverfish, bedbugs and dust mites.

So, why mold? Who stands to benefit from this hysteria? Everybody just needs to take a deep breath and do some research.It's been elevated by some people to the status of nuclear radiation, and it's absurd.

Just how dangerous is mold? Let's try the Centers for Disease Control for a bit of perspective, shall we?

Facts about Stachybotrys chartarum and Other Molds

My advice? If you want to protect people from harmful elements in the environment, start with those things you can do something about, within reason.

Rob
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree with your RobW. We live in such a sue-ific society that people do things just to prevent perceived lawsuit liablities. We have both the Radon gas and mold issues companies are jumping on to. The irony of both is that are BOTH easily treated. Radon Gas you just have to open your windows every once and awhile. Mold is simply treated with a bleach/water solution sprayed onto the walls and painted over. However, there are companies out there making a killing off of installing plastic in crawl spaces and wearing space aged suits with a sponge in their hand.


Former HOA President

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