Couple who owns mold-infested house supports 34

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Couple who owns mold-infested house supports 34

http://www.summitdaily.com/article/20041031/NEWS/110310015

and Sheryl DeGenering aren't able to live in their

Willowbrook home after discovering a mold infestation. can't

even enter the home due to allergies and asthma, and Sheryl only

enters the home with a mask on. The hole in the wall is one of

several created by experts looking for mold.

Summit Daily/Reid

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@....