Are Disclaimers Any Good?

We have signs posted in our pool area, gym and underground garage stating that the HOA is not responsible for certain things, e.g., damage to or theft of items from cars, locked bicycle rooms or locked storage areas in which we have 5'X8' lockers or "cages."

Assuming the HOA has not been negligent, can it still be liable for items damaged by moisture in a storage locker? Close investigation shows no leaks from pipes, etc. that could have caused a rolled-up carpet and some photos & papers to have mold on them. The proper fans for the garage/locker areas operate just fine.

I guess this is a legal question, and I know that anyone can sue for anything, but what's your opinion or experience?

Thank you!

Does your storage facility/lockers state they are climate and humidity controlled? A ventillation fan won't provide this. It has to have special equipment A/C and humidity controlled devices. So unless your HOA explicity claims it's facilities are climate controlled one takes an assumed risk when putting things in the storage.

I would make sure members understood the conditions of the facility and have that it is NOT an environmentally controlled space. Store at your own risk. Unless you all want to raise dues or have a special assessment to provide this.

Yes, the 3 levels of underground garage (185,000 sq. ft including mechanical rms., elect. rms., etc.) that the storage areas are in aren't dry feeling to me. I wouldn't even think of storing cloth, paper, etc. in our locker. There are plenty of exhaust systems, but no humidity controls, the cost of which would be outrageous.

No, the contiguous lockers show no signs of mold or mildew.

As mentioned at the beginning of my OP, there are signs posted in the garage saying that the HOA is not responsible . . . etc., etc.

Our PM believes that those owners either stored something damp in their locker, or bottles of, say, soda pop, that may have explored or otherwise leaked.

Our board meeting is Tuesday night, and they told the PM they're coming to tell everyone during open forum that we have mold in our building. (We're 2 high rise towers.) The PM alerted us directors. They also threatened to spread this rumor around our community. This, they claim, will make it hard for sellers to get loans, etc.

They seem to want our HOA to take care of moving everything out of their locker, treating their items for mold, etc., and moving everything back in. There request isn't on the agenda though.

The man is very demanding and will express outrage --outrage, I say!-- at this terrible thing that happened to them & their (undoubtedly) irreplaceable photos.

I think something along the lines of John's approach is best.

(Geez, I'd love to have someone reorganize my locker too!)

I don't think your HOA has acted w/ negligence. However, disclaimers aside, if the HOA offers storage and someone's items get molded from moisture, you've likely got a moisture problem that should be checked out and corrected from a maintenance perspective. If the papers will mold, building materials will collect mold as well. You don't want that.

Carol

You just opened a whole new Pandora's Box with the statement about litigation.

What is your role in this whole thing?

Thanks

It sounds like the HOA board has covered its bases with the previous inspection. The burden of proof is on the condo owners. The board should have the results of that property survey if it's handy to show professionals have, in the recent past, assessed the situation. It could cool off the obvious "anger."