Couple who owns mold-infested house supports Amendment 34

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Couple who owns mold-infested house supports 34

BY KIM MARQUIS

October 31, 2004

SILVERTHORNE - When Sheryl DeGenering moved into her four bedroom,

3,700-square-foot home in Willowbrook with her husband , she furnished it

with care, hung pictures and enjoyed relaxing baths in the sunken jet tub under

a huge picture window with views to Keystone's ski slopes.

Her dream home would soon turn into a nightmare when, within a few months,

started getting sick and within a year the couple would discover the

place was infested with mold.

The DeGenerings support Amendment 34 - a measure facing Colorado voters Tuesday

- because, they say, it would help protect homebuyers' rights when purchasing a

home with construction problems like theirs.

Sheryl DeGenering tears up now when she recalls her reaction when , who

is allergic to mold, started getting sick in their new home in Silverthorne.

" I thought he was crazy, " she said. " He didn't do anything. He loves to ride his

bike but his nose ran constantly and he had headaches. He didn't ski or work

out. "

was seeing an allergy specialist in Denver but it wasn't until Sheryl

started getting symptoms, too, and her doctor told her the new house might be

making her sick that the couple began to worry about their $845,000 purchase.

That winter during a warm spell, water started pouring down the interior walls

of the house. Ice dams formed on the exterior siding where water was flowing out

from the inside.

The couple said their builder and general contractor were unresponsive to the

extent of the water leaks, so they hired an industrial engineer that determined

the house had four roof leaks, grading and foundation problems and deficient

materials or improper installation that caused water intrusion and,

subsequently, mold to grow in virtually every wall in the house.

The couple had already moved out and was living in weekly rental units

throughout the area. They filed a complaint in county court and have since moved

to Denver but still pay the mortgage on the Willowbrook property, which is empty

save for draperies and a few suits will no longer wear.

The couple initially hoped to receive their money back but quickly found out

that under House Bill 1161 - the current legislation controlling construction

defect cases - they could only receive financial reimbursement for fixing the

problems.

Amendment 34 stands to " level the playing field, " according to Sheryl, so that

homeowners can recoup losses in cases like theirs. The measure would remove caps

on claims homeowners can make for so-called shoddy construction work.

Opponents say Amendment 34 would set the stage for frivolous lawsuits and raise

the cost of home construction due to higher insurance premiums.

But Sheryl wants to see more protection for homebuyers.

" Under the state's Consumer Protection Act you have more protection purchasing

an appliance than you do your biggest purchase ever, " she said.

The DeGenerings have spent retirement savings on experts and lawyers. They've

spent $25,000 on environmental reports and $45,000 on legal fees. The case is

still pending.

" We only know that we're going to lose (money) but we don't know how much, "

Sheryl said.

Amendment 34 would allow the couple to sell the house and sue for the

difference, said.

" It would let us put this behind us, " he said. " We would have some hope of being

whole. "

Because of their emotional stress, financial hardship and physical ailments

(they are now fine), the couple says they would never move back into the home -

nor back to the area.

" We could never live here again, " said , who won't even enter the house

for concern of an allergy flare-up. " We'd always be wondering. "

Kim Marquis can be contacted at (970) 668-3998, ext. 249, or at

kmarquis@...<mailto:kmarquis@...>.