Black Mold issues and HOA slow to act.

Started by FionaC • 8 replies • 2887 views

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FionaC (California)
Posts: 212

Posted:

One of our homeowner's about 6 months ago notified our PM about a leak they noticed on their "wall". A water stain indicating an obvious leak or water encroachment from the posterior side of the wall.. aka HOA exterior.

Our HOA BOD was not notified of this but rather the PM sent out a "contracted" construction company to assess the source of the water. It was never determined, and no wall or interior wall was opened to fully assess.

This homeowner recently approached me to alert me that there has been no follow through that the water stain is bigger, there has been no identified source of the leak and he is fearful there is black mold on the interior side of the wall at this point. It's a concern as the neighbor who also shares this wall is allergic to mold and in fact this could pose as a health risk to that individual if this is found to be true.

I just shot off a call to our PM and asked them to please alert the HOA BOD of this and let us know for sure if this story is factual ( which I do believe it is... ) They are closed so we are going to try again in the am... Who would be at fault here if there is mold on a common wall, the PM was aware of it, the homeowner didn't press the issue and now there is a worse situation than originally was. lets not forget the neighbor with the severe mold allergies.

Just looking to see if anyone has had a similar situation and where we should move on this.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Fiona,

The Association responded to the request to determine where the water leak was and, if necessary to correct the issue. It could not be determined where the leak was coming from. The Homeowner appears to have accepted this answer. However, no-one knows that for sure:

a) was a written report given to the owner?
b) was a written report given to the Management Company?
c) considering the amount of time between initial complaint and follow-up complaint, one could easily have the expectation that the homeowner was satisfied with the initial response.

I would treat this complaint as a new complaint with no-one at fault on the initial complaint.

Who owns the drywall?

The owner of the drywall will need to give permission to open up the area and investigate the source. I actually had an issue in my house that turned out to be condensation on the cold water pipe in the winter causing the stain and not an actual leak.

Who owns the pipes if this is the issue?

It's my understanding that most insurance companies no longer cover mold removal. However, they may replace damaged drywall.

What is your Associations/Boards policy on the MC reporting complaints? If it's not a requirement that all complaints, no matter how small be reported then the MC appears to have failed to follow through with that requirement. Perhaps it was just reported that the contractor charged us x dollars to inspect a leak issue and the Board failed to ask follow-up questions about the report. The Board may want to review the procedures of reporting issues. Of course if every minor issue is reported, the Board could be overwhelmed with small details that you hired a MC to take care of.

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FionaC on 06/29/2011 6:53 PM

Who would be at fault here if there is mold on a common wall, the PM was aware of it, the homeowner didn't press the issue and now there is a worse situation than originally was.

Fiona,

As a Board member, who do you think is at fault?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Not all mold is created equal. Just because it is black doesn't mean it's dangerous. A good bleach solution sprayed on the area should resolve the stain and help with the mold. That's how it would be treated anyways. People hear mold and panic. Most of the time it's harmless and requires very little work to address. A small spray pump sprayer and a few tablespoons of bleach in water sprayed on the wall should do the trick.

Former HOA President

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By TimB4 on 06/29/2011 8:52 PM

Fiona,

As a Board member, who do you think is at fault?

I am not sure who is at fault here. I am concerned as as a board member we were not informed of this from the PM. I assume it's the PM's. But am not sure.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Fiona:

As a board member you should be aware of your documents and in essence what is the HOA responsibility and what is the homeowner responsibility. Keep in mind the PM is in essence an employee of the board for the benefit of the HOA. The PM responds in any manner as designated or allowed by the association board. If the PM did not notify the board and it is known or stated in prior contract or correspondence they are suppose to take such action, the PM needs to be notified in writing of the concern and expected response for future issues. Ultimately … it is the board’s responsibility to insure proper handling of the issue whether you have a PM or not. This is because the PM is just an employee and does not have the legal responsibility for the HOA.

Again, your governing documents will state who is responsible for these type maintenance issues and it is up to the board to know your documents, or it is up to the board to seek legal assistance to determine who is responsible for repairs.

Also, without physically looking behind the drywall please do not let anyone assume that there is any mold. There is also the possible issue that this problem concerns a homeowner’s wall which only that individual can physically view and file a complaint. Failure on their part to act in a proper manner to have an issue repaired can potentially put certain liabilities in their corner. Too many individuals are quick to play the blame game when they themselves have not followed through or taken proper action to correct any problem. If they did not follow up on the repair, let a leak continue, and allowed a mold issue to develop then potentially they also are partially responsible for certain aspects of the problem.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By JanetB2 on 07/01/2011 12:02 AM
Hi Fiona:

As a board member you should be aware of your documents and in essence what is the HOA responsibility and what is the homeowner responsibility. Keep in mind the PM is in essence an employee of the board for the benefit of the HOA. The PM responds in any manner as designated or allowed by the association board. If the PM did not notify the board and it is known or stated in prior contract or correspondence they are suppose to take such action, the PM needs to be notified in writing of the concern and expected response for future issues. Ultimately … it is the board’s responsibility to insure proper handling of the issue whether you have a PM or not. This is because the PM is just an employee and does not have the legal responsibility for the HOA.

Again, your governing documents will state who is responsible for these type maintenance issues and it is up to the board to know your documents, or it is up to the board to seek legal assistance to determine who is responsible for repairs.

Also, without physically looking behind the drywall please do not let anyone assume that there is any mold. There is also the possible issue that this problem concerns a homeowner’s wall which only that individual can physically view and file a complaint. Failure on their part to act in a proper manner to have an issue repaired can potentially put certain liabilities in their corner. Too many individuals are quick to play the blame game when they themselves have not followed through or taken proper action to correct any problem. If they did not follow up on the repair, let a leak continue, and allowed a mold issue to develop then potentially they also are partially responsible for certain aspects of the problem.

HI Janet.

I am aware of who could potenially be liable for the damage. But the million dollar quesiton is.. what or where is the source of the leak at this point. Without follow up, by either the PM or homeowner we dont' know.

I since have spoken to the property manager to start a trail of paper essentially. There is some issues with the homeowner not following up, or reporting changes, concerns etc.

We have to see where the leak is actually coming from in order to proceed. ( so I know )

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is an old thread.

Former HOA President

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