Mold problem returns at Vintage Bay condominium

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http://www.marconews.com/02/03/marco/d726369a.htm

Mold problem returns at Vintage Bay condominium

Tuesday, March 26, 2002

By I.M. STACKEL, imstackel@...

and VICTOR A. HILL, vahill@...

One-third of Carl and Mery Held's $195,000, three-bedroom condominium at

Vintage Bay is useless.

A chronic mold problem that wasn't properly eradicated last year has crept

into the couple's master bedroom. The air quality is intolerable, and last

year Mery Held, 63, took to wearing a dust mask to minimize her wheezing and

coughing.

After minor attempts to remove the mold, she was finally able to take off

the mask.

Now the mold - and the mask - are back, and Marco Island city officials plan

to notify the state Department of Health of the problem.

" We're not sleeping there anymore, " said Carl Held, 79. " We moved to another

room. "

They now sleep in their guest bedroom, where the mold was first found in

April 2001.

City inspector Winston visited the Held household Friday to assess the

problem. He believes water is entering behind the condo's walls from a

different source than the one that seemed to feed last year's mold growth.

Other residents could be victims of the mold as well, though no one else has

stepped forward with a complaint.

Last year, the couple reported the problem to Vintage Bay Development Corp.

owner Avi Baron. The San Marco Road complex has had its share of problems,

including numerous code enforcement violations.

Baron hired someone to fix the first leak, but at the time experts called it

a structural Band-Aid.

He blames the Helds for their latest situation. In a March 20 letter, Baron

said he inspected the condo March 19. He urged the Helds to use their air

conditioner to prevent more mold problems and not open their sliding glass

doors.

" As you can see, opening the sliding doors without the air conditioner will

cause humidity to be sucked in from the outside conditions and the closest

and most neutral place for the mildew to grow is behind your armoire, which

is 12 inches from the sliding door, " Baron wrote.

He attached a quote from Apollo Environmental Inc. to remove the mold,

estimated at $3,700.

Carl Held said he has no intention of paying the bill because he contends

the condo's poor construction is to blame.

Kallotte, an environmental specialist with the state Department of

Health, said there's only one way to effectively eradicate mold: to first

find the moisture source that feeds it, then scrub out the mold with a

bleach solution.

" You don't want to just kill it, which will do no good. You want to remove

it, " Kallotte said. " The only way to do that is by scrubbing. If the water's

stopped, and the mold is excised, it will be removed. "

Despite the fact that Kallotte recognized the Held situation as problematic

last year, there isn't much he or his agency can do, he said.

" I work in a function that is purely advisory, " Kallotte said. " My authority

never begins, and it stops at informing and advising. "

The Helds' neighbor, Dave Pattison, is the Building A representative and has

been trying to get their situation remedied.

It was raised at a recent condominium association meeting, and Cardinal

Management Group, which now manages Vintage Bay, called in Firewater

Restoration Services to fix the problem.

The molds must be identified by a certified industrial hygienist and " a

protocol has to be written. That's the starting point, " Firewater

Restoration President said.

That information is included in Apollo Environmental's quote.

Like Kallotte, most other government entities are powerless over a situation

such as the one the Helds find themselves in. It may be a health risk, but

it doesn't fall under the safety and welfare jurisdiction afforded to Marco

Chief Code Compliance Officer Goodspeed or city Fire Marshal

Burback.

However, if there are structural problems at Vintage Bay, city officials can

step in.

They've done so before.

Seven months ago, after Goodspeed and Burback testified before the city Code

Enforcement Board, Baron was slammed with fines and penalties for repeat

violations that endangered the safety, lives and welfare of the 66 condo

owners and their families at the 3-year-old residential complex.

What differentiated the August ruling from a similar 1999 board finding was

that Goodspeed and Burback built their case proving that Baron as an

individual - as opposed to his development company - was the responsible

party for all violations. Baron was unable to shift responsibility to the

condo association members, who repeatedly testified they were never given a

say in the property's operation or maintenance.

The safety and health risks for which Baron was fined included an

excessively rusty and nonoperational fire sprinkler system, disassembled

fire pump and malfunctioning elevator emergency phones.

The city fined him a record $70,000. Earlier last year, Baron was cited by

the state Department of Business and Professional Regulation for

overcharging residents on monthly assessments.

Collier County court records show that as of October, almost 30 lawsuits had

been filed against the local developer in the past decade.

Carl Held isn't sure of his plans. What he is certain of is that after three

weeks of frustration over the latest mold problem and a resurgence of

respiratory problems for him and his wife, he's staying put and fighting.

" I'm not going anywhere, " he said.