Real estate Q&A

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Real estate Q & A

Belleville News Democrat - IL*

By THOMAS MUSIL

McClatchy-Tribune News Service

http://www.bnd.com/business/story/319502.html

Q. With recent rains in California, I and two neighbors with units

on either side of me had water intrusion into both bedrooms of our

ground floor two-unit condos. I brought it to the attention of the

homeowner's association when it occurred, in January. Since that

time, it is now April, they have had numerous contractors inspect

the property to find the source of the leak and it is still not

fixed. In addition I was informed that I have toxic mold behind my

walls.

The HOA is aware of the mold toxicity, as they chose the industrial

hygienist to come and take samples of the mold to send for analysis.

When I was informed that there was mold, which was early on in

January, I told the HOA that I felt that they are responsible not

only for prompt repairs to the building, but to do the mold

abatement as well since it was their leaky building that caused

this. They have informed me that they have no intention of taking

care of this. They claim that even if there is " toxic mold, " it does

not always release mycotoxins, therefore it is not necessary to

repair. Now I have had to seek legal counsel, and have hired an

attorney to represent me in this dispute.

All I want is to have this repaired so I can sell my unit as I am

moving in the near future. It is my impression that the HOA is

entirely responsible for the mold abatement since it is their

building that caused this. Am I correct? Can you offer any further

advice?

A. Be sure to document and photograph all of these problems.

Communicate these problems in writing to the HOA board members and

insist on an acknowledgement that your letters have been received.

Review your HOA bylaws, master and unit insurance policy to

determine coverage. Attend HOA board meetings, bring up this issue

and get it on the record. Delaying a solution - which is often a

characteristic of HOA boards - will hurt you the most, given your

desire to sell your unit. You are on the right course by hiring an

attorney, but you're in a " Catch-22 " position from the perspective

of working with a HOA that is making decisions about legal,

biological and insurance matters that they are unqualified to make.

This is unfortunate but often the case. Above all, monitor your

health and any possible ill effects resulting from the mold.

Dr. Musil is the director of the Shenehon Center for Real

Estate in the Opus College of Business at the University of St.

in Minneapolis. He has more than 25 years of experience in

real estate as a broker, analyst, consultant and expert witness in

real estate litigation and arbitration disputes. E-mail questions

to: tamusil@.... Please include your name, city and state.