Condo owners decry lack of help for mold problem

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Condo owners decry lack of help for mold problem

X. Mullen Jr.

RENO GAZETTE-JOURNAL

1/30/2002 11:31 pm

Marilyn Newton/RENO GAZETTE-JOURNAL

Ketchum is shown with toxic mold that has permeated a condo in the

Eagle's Nest Condominiums.

A black, fuzzy forest of mold lines the walls of Ketcham's

condominium in Reno.

And she says it is making her sick, but no one wants to help or take

responsibility.

" I have constant headaches and overall fatigue, but when I get out of the

condo for a day or two my symptoms clear up, " said Ketcham, who owns a

basement unit at Eagles Nest Condominiums on West Parr Boulevard.

" The condo association says it's an inside problem, and that I should deal

with it. "

Ketcham is among a growing number of toxic mold victims in northern Nevada

whom officials said Wednesday are left stranded by a lack of health

regulations, unclear legal responsibilities, and no mold exposure standards.

In the last two months, dozens more public offices and private residences in

Nevada have joined the list of mold-infected buildings. While health

departments or state experts help clean up government offices, homeowners

find they are on their own to determine the extent of mold problems and how

to deal with the issue. That leads to arguments over responsibility among

residents, builders, landlords and homeowners associations.

There's not much help or advice out there.

In response to media stories and increasing phone calls about mold, the

Washoe District Health Department recently published a toxic mold fact sheet

for residents. But the agency doesn't have the authority to get involved in

building testing or clean up unless the mold is in a school or other public

building.

" It's up to residents to deal with the problem, " said Cass Luke of the

health department. " If the mold problem is too big to clean up by

themselves, they have to get with their insurance companies or wind up

paying for (mitigation) on their own. "

Mold: old problem, new awareness

Experts said small amounts of indoor mold - patches up to a few square

feet - can be cleaned up with a bleach and water solution. A little mold in

a bathroom or under a sink doesn't necessarily indicate a major problem.

But when a home has a plumbing break, roof leak or a flooded basement, the

mold gets constant water and thrives. Uncontrolled water leaks that saturate

organic building materials - such as ceiling tiles or sheet rock - make

great mediums for mold growth. As the mold dries, spores then get into the

air and into the respiratory systems of the occupants.

Dr. Craner of Verdi, a specialist in occupational and environmental

medicine, said current theories of how molds make people ill point to

chemicals, called mycotoxins, and spore wall components called glucans, that

may be the actual agents of disease.

Craner, who has investigated hundreds of mold cases in Nevada and other

states, said there is still a lot of denial that mold causes health problems

or that responsibility for the problem may go beyond a building's residents.

" It's amazing that despite all the cases and consistent evidence, many

building owners and other responsible parties still refuse to recognize the

significance of the problem, " Craner said Wednesday.

He said mold has been around forever, but high profile cases have made

people more aware of health risks. When he investigates allegations of

illness due to mold, he sees the same symptoms over and over again, he said.

Case in point

At Ketcham's condo, black mold spreads from the floors to about two feet up

every wall that separates the living space from the outdoors. The walls are

saturated with water and Ketcham suspects the foundation of the 24-year-old

complex needs to be waterproofed again.

" It's nothing that can't be fixed, " said J. Ketcham, her former

husband and the developer of the condo complex. " We figure it would take

about $10,000, and I've offered to pay half, but the homeowners association

won't take any responsibility. "

Kurt Cupp, president of the Eagle's Nest Homeowners Association, declined to

comment on Ketcham's case. But in a letter Dec. 13 to the couple, the

association admits that " window walls " may leak some water. The letter

reminds condo owners that such leakage is their responsibility and advises

them to repair water-damaged walls or carpet.

The letter also tells residents that: " homeowners are responsible for mildew

control within their unit (sponge it down with bleach and water!) "

In a letter July 25, the association advised the Ketchams that the damage

shown in photographs of their walls " was caused by ongoing moisture

introduced through the windows that are your responsibility to maintain. Not

only should you repair this, but you should have taken steps to prevent

this. "

Ketcham, who noted that the damage extends more than 40 feet around

the condo and that there is no moisture or mold near the unit's windows,

said the association's denials are ludicrous.

The Ketchams brought a small claims court action against the association,

they said, but it was dismissed and they said they intend to take the case

to arbitration.

Meanwhile, Ketcham said she will visit her daughter in Italy for a

month. She said she expects to enjoy good health while she's there.

" I've tried and tried to keep up with the mold by washing with bleach but it

's really out of hand, " she said. " The association tells me it's a

housekeeping problem but no one could keep up with this by cleaning the

inside walls alone. It's frustrating that I've paid $240 per month for

maintenance and yet the homeowners association can avoid responsibility.

" This kind of thing should be covered by laws and standards but it isn't. It

's every homeowner for themselves, " she said.

Legislative, legal answers sought

Some states - including Nevada and California - are taking action.

Last year, the California senate approved the country's first state mold

bill. The law would set standards for acceptable levels indoors and require

home sellers to disclose mold problems. But the standards are probably years

away, California officials said.

Nevada officials are working with experts to determine standards, said

Dunt, state risk management officer.

Several building-defect lawsuits are pending in Nevada, and some-high

profile mold cases have been won elsewhere.

In June, a Texas court ruled Farmers Insurance Co. should pay a woman $32

million for mold damage to her 22-room mansion and for " mental anguish. " In

May the Delaware Supreme Court upheld a $1 million jury award to a

Wilmington woman who claimed that moldy water leaking into her apartment

aggravated her asthma and caused fatigue and mental confusion.

Farmers, since, has eliminated mold coverage in 30 states.

In California, building industry lobbyists failed to push through a bill in

which homeowners could be required to enter binding arbitration instead of

suing for construction defects.

" It's outrageous the lengths people will go to deny the problem even

exists, " Craner said.

The Ketchams agreed.

" No matter who we call, the answer is the same, " Ketcham said.

" Nobody can help. "