1/5/2009 8:59:44 PM    HOAs should take complaints about mold seriously March 30, 2002 QUESTION: Several associations recently have had trouble with leaking roofs that have caused mold to grow inside condominium units. What are the responsibilities of a condominium association as it relates to mold? Jeannie Peterson Phoenix ANSWER: I have seen a dramatic increase in mold-related lawsuits and media coverage of health issues caused by mold over the past few years. The most dangerous type of mold spore is a greenish-black mold known as stachybotrys, a toxic strain. Other more common types of mold, including penicillium, cladosporium, alternaria and aspergillus, can also cause adverse health effects when sufficient quantities are present. Mold growth is usually stimulated by water intrusion. In order to remedy the condition, the source of the water intrusion must be repaired and the mold and its spores eliminated. Failure to do so will result in continuing adverse health risks, as spores can lay dormant for years and come back to life with renewed moisture. Mold that is left undisturbed or abated can grow large enough for occupants to develop severe allergic reactions, including headaches, dizziness, fatigue, respiratory dysfunction, excessive and regular nosebleeds, diarrhea, vomiting and liver damage. Mold is not limited to areas with high humidity. Air conditioners running non-stop in the summer can drip moisture from condensation and become an excellent breeding ground for mold growth. Mold is often not visible and can be present behind walls, under floors or in ventilation systems. If a condominium unit or a house has experienced water intrusion, it is best to test for the existence of mold. Often, the water intrusion that can lead to toxic mold growth is a result of construction defects. Houses, condominiums and townhomes can be built watertight and should not allow water to leak in through the roof, windows or slab. However, in some other cases, water intrusion caused by failure to maintain roofs can lead to toxic mold growth. Generally, in condominiums, the association is responsible to maintain the common areas, including roofs, stucco, window systems and the slabs. With that responsibility, the association is also responsible to repair damage caused by those improperly constructed common areas and could be liable for failure to act. Fortunately, in Arizona, the law is protective of homeowners. Developers, general contractors and subcontractors who improperly built the home or condominium are responsible to pay for the cost to repair the defects and any result in damage from those defects, including the removal of any mold that might be caused by them. The severe health problems associated with some mold have resulted in million-dollar settlements and lawsuits against these developers, general contractors and subcontractors. What course of action should a condominium association take? Not taking action is the biggest single risk to a condominium association. If homeowners are complaining of water intrusion, not only should the source of that intrusion be investigated and fixed by the appropriate party, but it may be prudent to investigate to ensure mold is not present. Second, the condominium association should contact a professional to determine why the water intrusion and the resulting damage is occurring. What is Mold? - Mold Checklist - Dealing With Mold In Your Home - Laws & Legislation Articles & Reports - Seminars - Resources & Links - Home © Copyright 2009 The Miller Law Firm.  All rights Reserved. If you experience problems or have questions, contact us at Info@ConstructionDefects.com.