Mold Remediation

Started by MaryleeT • 3 replies • 2690 views

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MaryleeT (Massachusetts)
Posts: 3

Posted:

We have a very small association in a three family house. We have mold remediation crisis on our hands right now. I live on the first floor and have asthma. We have a contenscious assocation where two members have taken over and do everything by majority rule. I don't know the method of mold remediation yet though I've asked several times. Do I have any recourse if my health problems continue?

We have $3500 in our reserve fund. I think we should use the reserves to handle mold remeditiation. We need to fix ventilation and fix a foundation wall which would be a seperate assessment. Is there any rule that says how much reserves should be never spent?

thanks for any imput
Boston

JosephW (Michigan)
Posts: 882

Posted:

I can see that people are shying away from this one because the issue of mold has become very tricky, involving insurance and courts. Chances are that the association's insurance policy now excludes coverage for mold remediation and so the other two owners are looking at the possibility of costs much greater than what you have in reserves, and therefore are relutctant to deal with it. I would suggest reading the following two articles and possibly forwarding them to the board members:

http://www.caimichigan.org/articles/so_what_if_you_don.htm

http://www.meeb.com/legal_alert/legal_alert_08_04.htm

Also, check with the local health department or building inspectors for your local government. If the building is a health hazard, they could possibly force the repairs.

I hope somebody else chips in with some better knowledge.

Joe

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RH (California)
Posts: 11

Posted:

Our refurbished condo complex in Northern California has been suffering water and mold damage for 2 years. Repairs are ongoing. My unit had to undergo repairs and I asked for the mold to be tested. I was told by the worker that it probably wasn't harmful, even though I had written the managment company that controls our (complacent yes-men) board that I was suffering health symptoms.

AT a meeting, a litigation attorney spike about the costs for the remediation, mentioning the mold testing. when I mentioned I had never had a CIH test the mold in my unit he changed the subject. Later he emailed a general statement (undated, unsigned with no unit number on it) that read "mold count is lower inside than outside the unit." I asked for a copy of the full document as I was always present when workers were in my unit and I have not heard form him since the request (it's been 2 weeks).

What is my recourse? And what can I do about an attorney that sides with the mgt. co and blatantly stretches the truth in responding to my query?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MaryleeT on 10/14/2006 3:43 PM

We have $3500 in our reserve fund. I think we should use the reserves to handle mold remeditiation. We need to fix ventilation and fix a foundation wall which would be a seperate assessment. Is there any rule that says how much reserves should be never spent?

Reserve funds are typically set aside for expected repairs/replacements of common area items. Even if you had $200,000 in your reserve fund, I suspect that mold/foundation wall would not be something that is planned for and that the money is already identified for something else.

When Associations must pay for unexpected repairs they usually impose a special assessment. The other option is to "borrow" from the reserves and increase annual assessments to make up the difference. However, when "borrowing" is done this may cause planned maintenance/repairs/replacements to be delayed until the borrowed funds can be repaid.

Tim

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