HOA Negligence - Please Read

On 10/30/09 I purchased a condo, approximately one week later I noticed an extremely strong musty odor from the crawl space and I started to get extremely light headed almost to the point where I could barely stand on my own two feet and I started to itch. After crawling around on the south end of the crawl space noticed 2" from the foundation was extremely wet so I called the HOA. They sent over a maintenance man who in turn called a mold remediator.

5 minutes in the crawl space the mold remediater said the cast iron water drain from the kitchen sink was rotted through and the crawl space had 30% mold. The following day the pipe was replaced and the remediated for mold so I moved back in thinking the problem was taken care of, 2 days later the maintenance man from started putting a vapor barrier in the same part of the of the crawl space that had the broken pipe but stopped beings it was quitting time.

The following day I started getting dizzy again so I went down into the crawl space for the second time but this time started to investigate the north end of the crawl space and came across even more water so I crawled around the entire perimeter to make sure it was caused from the pipe that was just repaired and just as I thought it wasn't.

I called the maintenance man again, at first he said it was from ground water but after digging around he came to the conclusion that the water was coming from a sewage pipe on the other side of the foundation. The HOA immediately called a plumber and they started digging within 2 days of being called, once they removed the corroded sewage pipe that was coming from the next door neighbors toilet and shower the water flow stopped and the HOA had the mold remediater place 3 carpet fans in the crawl space and spread a biocide that eats micro-organisms.

The problem is Im still getting extremely light headed, I have a rash on my stomach and I itch all over, it's gotten so bad that both me and my GF who is also experiencing the same symptoms had to move out.

I've contacted the HOA and told them the townhouse is still making me sick and wanted them to talk to industrail hygenist who I have already talked to, heres their reply:

The association will not pay for it, you will have to as we have done everything in our power to correct this situation. If you know him maybe he would come and do it for you at a reduced cost. We have had professionals on the property, we have done the best we can do to remedy this , we have the report from a reputable company stating that it is a very safe crawl space. I am sorry but at this point the association will not be able to pay for another professional to tell you the same thing

Thank you

I checked my disclosure and apparently the previous owner reported moisture were the broken sewage pipe was leaking back in September 11, 2009 all the HOA did was send out a maintenance man who said the water was caused from the sprinklers but did nothing to remediate the problem. In short there's been the neighbors sewage seeping into my crawl space for at least 3 months and the HOA refuses to remediate the contaminated soil other than dry it out and spread some germicide in the soil.

Like I said earlier I've had no choice but to move out and am now living in unfinished basement and sleeping on an oversized bean bag chair because I cant afford to get a hotel, pay my mortgage and HOA dues at the same time.

tug_slug:

I checked my disclosure and apparently the previous owner reported moisture were the broken sewage pipe was leaking back in September 11, 2009 all the HOA did was send out a maintenance man who said the water was caused from the sprinklers but did nothing to remediate the problem.

You're not going to like this.

But when the seller disclosed the moisture problem and you didn't have a thorough inspection under the house by a professional, you pretty much adopted any subsequent issues as your own.

And since the HOA repaired the defective sewer lines within a few days of being notified, there is no negligence on the part of the HOA.

Keep in mind that I hate HOAs and would be the last person in the world to come to their defense. But in this case I don't see any fault on the HOA's part.

If there is still a problem with odor and vapors, it's up to you to incur the cost of the remedies.

Now here's what I suggest you do. Thoroughly and carefully study every page and every word of your unitowners insurance policy. And I don't mean call your agent or scan the cover page or flip the pages in front of your face. I mean study like you were back in college and the final exam was tomorrow. See if you have some coverage for mold remediation. Many insurance companies exclude it completely, but some include a limited amount.

If you have any questions about a page or a paragraph come back to this thread and let me know.

Your right Jack I didn't like your reply but at least your truthful and for that I thank you but this isnt about mold, this is about infectious agents, potent allergens, noxious gases, vapors, fumes, endotoxins and mycotoxins brought on by the sewage leak. It's not my fault the pipe broke why should I have to pay for the damages that it's caused not to mention how it's affected my health.

The HOA up to this point has paid for the everything from beginning to end and is has started to put a moisture barrier up the problem with that is their going to cover dirt that has 3 months worth of sewage in it.

And they didn't take care of the broken sewage pipe when they were first notified of moisture in the crawl space, they were notified about the problem back in September 2009 and did nothing about it.

If the HOA is responsible for the mold that was caused by the broken sewage pipe why wouldn't they be responsible for the contaminated soil? All Im asking is for the HOA to have a soil sample sent to the lab to make sure it's not contaminated and if it is to either treat it or remove it before they put a moisture barrier up.  

The mold remediator has 3 fans in the crawl space blowing contaminated soil up unto my condo, the air is so bad the mold remediator had to bring back in an industrial hepa air cleaner. He's already removed it once and I had to call him back because I was to lightheaded to function.

I've contacted the HOA 3 times concerning the bylaws and when Im going to get a copy, they have yet to send me a copy

Thanks

Tug

tug_slug:

Your right Jack I didn't like your reply but at least your truthful and for that I thank you but this isnt about mold, this is about infectious agents, potent allergens, noxious gases, vapors, fumes, endotoxins and mycotoxins brought on by the sewage leak. It's not my fault the pipe broke why should I have to pay for the damages that it's caused not to mention how it's affected my health.

You're right. It's not your fault. Unfortunately, lots of bad things happen to people that aren't their fault but, under the laws of negligence, might not be anybody else's fault, they just happen. And, quite often, people unknowingly contribute to their own problems.

tug_slug:

The HOA up to this point has paid for the everything from beginning to end and is has started to put a moisture barrier up the problem with that is their going to cover dirt that has 3 months worth of sewage in it.

That the HOA is taking some action to remedy the situation doesn't necessarily mean that the HOA is responsible for taking every action necessary to remedy the situation.

tug_slug:

And they didn't take care of the broken sewage pipe when they were first notified of moisture in the crawl space, they were notified about the problem back in September 2009 and did nothing about it.

And the former owner accepted that and disclosed the moisture issue.

What did you do prior to closing when you read about the moisture issue in the disclosure?

tug_slug:

If the HOA is responsible for the mold that was caused by the broken sewage pipe why wouldn't they be responsible for the contaminated soil?

I'm not entirely convinced that the HOA was responsible for the mold in the first place. Besides, the question is still open because we don't know what "responsible" means yet. Responsible for the mold growing there in the first place? Based on negligence law, maybe not. Responsible for cleaning up the mold because it's in a "common area"? Well, we don't know what the definition of "common area" is yet.

tug_slug:

All Im asking is for the HOA to have a soil sample sent to the lab to make sure it's not contaminated and if it is to either treat it or remove it before they put a moisture barrier up.

And what if they don't do it. Would you pay for the analysis now and maybe convince the HOA to treat the soil  and maybe reimburse you, or would you spend the next 6 months not being able to use your home. I'd pay for the test if it was me.

tug_slug:

I've contacted the HOA 3 times concerning the bylaws and when Im going to get a copy, they have yet to send me a copy

Why didn't you get them before you closed escrow?

By the way, my comments about legal concepts are based on 35 years experience in a business that applied legal concepts to just about everything.

I'm making some tough and unlikeable points and comments, but that's how life in the legal world goes.

Giving you bad news might give you avenues to investigate that might turn things in your favor.

By the way, have you consulting an attorney yet?

I can see your point and Im beginning to see that I dont have a legal case to get the problem taken care of by the HOA and yes the crawl space is considered common area at least thats what I was told by the maintence man whose been working for the HOA for the past 10 years and whose father is on the board of directors.

I havent been able to contact an attorney because of Thanksgiving day weekend but I have the name of one who specializes in this type of case. Whether he thinks I have a case is yet to be seen. What I plan on doing besides getting an attorney is contacting the health department, Im sure someone living on top of health hazard that was caused by a broken sewage pipe will create some interest.

Thanks for your time

tug_slug:

What I plan on doing besides getting an attorney is contacting the health department, Im sure someone living on top of health hazard that was caused by a broken sewage pipe will create some interest.

See, now you are thinking outside the box.

Where your own legal position might be iffy, the health department might have cause and the clout to come down on the HOA with both feet.