Mold testing

How does your HOA work with leaks and mold testing?

We recently had leaking around windows during the last CA rains.

The issue may be from behind stucco and not caulking around window. We actually still trying to get an appointment with a GC to figure it out. Would your HOA do mold testing?

In my community, windows are the homeowners responsibility, so they would have to get theur5own tests and pay for maintenance.

Look in your CC&Rs to see if windows and exterior walls are considered part of the unit or common elements, and then check the section that outlines the responsibilities of the unit owner and the association. This will vary by community since it's dependent in part on the structure of your buildings, and what another HOA does may be the wrong thing for you to do.

Mold is nearly always considered a maintenance issue, with the possible exception of mold that's the direct result of something like a hurricane. Even if the leak originated in the common elements, the unit owner may still be responsible for damage to the unit.

That still doesn't tell me if the HOA is responsible- it could be, but it might be turn this over to your master insurance company ane let it duke it out with the homeowners insurance company. If you're the owner, perhaps you can suggest splitting the cost of mold testing with the HOA. If that helps verify where the leak came from and who's responsible, the "losing side" reimburses the einner

Since you wrote, David: "The HOA takes ownership for the common [area] pipe damage and repairs the unit," it sounds like they take responsibility & the HOA's insurance pays for all damage caused by the common areas, including the Unit's interior, e.g., flooring, etc.

I agree with Sheila about unit owners getting their insurance companies involved and let them sort it out. My only concern is that the association's insurance may not be involved at all since this doesn't sound like an insurable event on their end (insurable = sudden, unpredictable, and not preventable through normal prudent maintenance). Mold isn't a sudden thing unless it results directly from something like storm damage. If there is a small leak, it will generally take a few years of continuous moisture to allow mold to grow and make its presence known.

FWIW, I had mold inside an exterior wall that resulted from improper grading outside my unit - rain flowed toward the building, got under the siding and on top of the slab, so the framing, OSB, and some of the insulation got wet. Since I didn't know that at the time, I hired the mold remediation company to open the wall from the inside, and that's how we figured out the source of the water. I was on the board at the time and also worked for the builder, so I coordinated all the work including the parts that the association was responsible (removing the siding, replacing the damaged OSB, cleaning the framing, and installing a drain in the low lying spot to route rain water away from the building). I personally was responsible for the mold remediation on the interior and replacing damaged insulation and drywall. And then I threw a professional hissy fit and got the builder to reimburse us...

Our high rise, too has had a few incidences of mold over the years. But, if the leak has occurred in the OP's Unit off & on over time, an was never reported to the assn., I just don't know who would pay for the testing.

Our new CC&Rs, eff. 9/22, has a huge Section on "Water Damage & Mold." I small portion says: "Each Owner, and not the Association, shall also be responsible to clean, remediate, repair and replace any Improvements which are ordinarily the Owner’s responsibility to repair or replace as provided in Section 8.1.1 above where any damage or destruction to those Improvements was caused by the intrusion of water or other substances emanating from within Common Area, or from outside of the building provided that such intrusion was not directly caused by the willful act or negligence of the Association or its agents or employees." So owners' required HO^ would pay.

It's really just an addition to an old 8.1.1 , still existing maintenance obligation of the Owner. Our assn. insurance, though, unlike the OP's, does not damage to the interior of the Unit caused by common area issues unless due to negligence.