Residents sue condo board Mold-ing a bitter dispute

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Residents sue condo board Mold-ing a bitter dispute

Thursday, October 17, 2002

By melissa j. Varnavas / Staff Writer

Hers is a beautiful home. It used to be the Woodbury Shoe Mill, overlooking

the Bass River on the southern end of Rantoul Street. Today, the brick

perimeter of the 100-year-old plant forms the exterior walls of

Wishart's Gateway Condominium living room.

Two large windows let in the light. Hand-painted birdhouses and framed

artwork add to the condo's warmth.

One painting hides a secret, however. Beneath it, a notch in the brickwork

houses a creeping pattern of green mildew. The painting itself, valued at

some $300, was once covered with the stuff. To save the artwork, Wishart cut

the painting virtually in half, and had it re-matted and re-framed.

Wishart is just one of several Gateway condo owners whose home has been

damaged by water and mold.

" If you could have seen it, you wouldn't believe it. There was water rushing

down all over, " she said, waving her hand over her home's brick facade.

Gateway Condominiums consists of 64 units in two buildings, transformed in

the early 1980s. Wishart estimates some eight units, four units per

building, struggle with property damage from water leaks.

and Goldstein are two such residents. They owned

adjoining condos (502S and 504S, respectively) on the top floor of Gateway's

south tower. In 2000, they hired a lawyer, Buck of Lawrence, and sued

the condo association trustees for financial breach of contract and nuisance

violations.

A jury found in favor of , awarding her $25,000 in damages - a

verdict the condo association has vowed to appeal. Although both plaintiffs

were represented by the same lawyer, Goldstein lost his case. He had sold

his condominium before the jury trial.

" 's not a litigious person, " said Buck. " He didn't sue right away. He

started off giving them the benefit of the doubt. In the end, there was mold

covering the back of his bed and silverfish growing in the walls. Who can

live like that? "

Neither nor Goldstein could be reached for comment.

Mold and other water-related problems have been a growing complaint among

homeowners, in Beverly and elsewhere (see sidebar). The Gateway case also

highlights the challenges of converting industrial buildings into homes.

Reaching resolutions

Buck reads a virtual laundry list of the condo association's remediation

attempts, including a complaint against the architects who originally

converted the mill.

" They (the condo association trustees) knew about this as far back as the

early 1990s, " said Buck. " They just didn't want to pay to fix the problem. "

purchased her unit in 1991. Goldstein purchased his unit in 1997.

Both condos had water and mold problems since the homeowners moved in.

The condo association never denied knowledge of the water leaks, according

to its lawyer, Semenza of Boston.

" The trust is made up of good people, " said Semenza. " They've tried to

address (the issue) to the best of their ability. "

Court records report that in 1998, the trustees hired Alpha Waterproofing to

re-point and seal the exterior brick walls. The work stopped in December and

began again in April 1999. While 's problem abated somewhat,

records show that Goldstein's did not. In June 1999, however, 's

problem returned. Water and mold again damaged her condo.

Alpha Waterproofing returned in August. At that time, the association hired

Barkan Management Co. of Boston to oversee daily issues at the condos. The

work was dubbed complete by late October.

Just a few weeks later, water again damaged both and Goldstein's

homes, according to court documents.

" During last night's rainstorm, I woke at 2 a.m. with water dripping on my

head. I was able to pull my...bed and mattress out of harm's way to prevent

damage...Some type of action must be taken quickly... " wrote in a

Nov. 3, 1999, letter to Barkan Management.

In 2000, and Goldstein unified their efforts and sued.

Matter of mills

Over time, leaking windows and outside bricks were sealed. The mortar was

examined and re-pointed. Wishart believes now that the roof is the real

culprit.

" They might have fixed around the window but the water is going to come in

again if the root of the problem isn't fixed, " said Wishart.

For Semenza, the trustees' attorney, the root of the problem goes back even

further.

" This building is 150 years old, at least, " said Semenza. " These are very

old mills converted to living space. People look at these buildings and

believe it's a big, strong structure but there could be hidden problems. "

Semenza recently examined a proposal for such a renovation in his hometown

where he serves on the Planning Board.

" Land is scarce these days. If we can convert an old building so much the

better, but these were not originally intended to house people. They were

big, old, drafty mills. Renovations need to take that into consideration, "

Semenza said.

Take, for example, Wishart's condo. The exterior walls are made of three

layers of brick. When rain gets past the first layer, it's absorbed by the

second and may leak into Wishart's living room. Even if it doesn't seep into

her living quarters, it may lead to mold growth on the mortar between bricks

(as evidenced by the mildewed notch hidden behind Wishart's painting),

causing a musty order and perhaps sickness.

" They've tried to find the leak but it is not that easy. You fix one way and

the water finds somewhere else to go, " said Semenza, who added that to his

knowledge, the situation has been effectively resolved.

Water wars

Wishart, a nurse, bought her Gateway condo in 1996. The following winter's

rain storms brought fresh troubles. Rain poured from the bricks surrounding

her closed window. Although she experienced no health problems, that didn't

keep her from complaining. For her, it's a quality of life issue.

" There are lots of pluses to this building, " said Wishart. " It's a cool

place, not too many people can say they live in an old mill but it's not

worth it if it ruins your things and makes you sick, if you constantly have

to fight to get things fixed. "

" Everyone recognizes that 'raindrops keep falling on my head' might be

wonderful words in a song but not so nice at 2 a.m., " plaintiff Pat

said in court documents. She alleged water seeped through her

home's brick walls. The moisture created nauseating mildew odors, decomposed

the mortar, soaked her carpet and destroyed the wallboards.

According to Wishart, one resident even brought a piece of crumbled brick to

the condo association's annual meeting, but was turned away.

" They told us they'd discuss it with us individually, " Wishart said. " They

took away our power as a group of concerned residents. "

A letter, dated Sept. 17, from the Trustees of the Gateway Condominium Trust

outlines the association's legal course of action to the rest of the condo's

residents.

" If allowed to stand this ($25,000 judgment in favor of ) can only

have a negative impact on our insurance rates and by extension our

condominium fees, " the letter reads. " Perhaps even more troublesome is the

precedent established in favor of what we and our legal counsel continue to

regard as frivolous lawsuits. "

" It's a bold threat, " said Wishart, pushing the letter across her dining

room table. " It says if you complain then your condo fees will go up. I

thought that's why I pay condo fees to begin with. So they would take care

of these problems. "

Buck, and Goldstein's lawyer, agreed.

" That letter names Pat . It says to the rest of the residents:

'Look, this is the woman who is costing you money.' They might as well have

given her a scarlet letter to wear on her chest, " Buck said.

" I don't know what the answer is, " said Wishart. " I just know it has to be

fixed. "