May 3, 2001 - It creeps inside walls, under carpets, over stucco, and its spores float in the air inside and outside of some Aliso Viejo homes. The scientific name is stachybotris chartarum. It has a best friend: aspergillus fumigatus.
These are toxic molds that proliferate in homes with water leaks from un-flashed windows, doors and cracks in the stucco.
Residents of California Renaissance townhouses in Aliso Viejo are documenting defects they say are caused by the developer, and which have been appearing since soon after the homes were built in 1990. Independent investigators and Kaufman & Broad Homes have inspected these homes, looking for evidence of toxic molds.
Cement patios in some instances have separated from foundations, leaving deep chasms where water collects and warms. Porous cement foundations themselves absorb water from runoff or rain, and in those cavities where organic material rests, stachybotris gives birth to spores which grow and circulate inside homes where they can be damaging to children.
"In infants, these defects result in the growth of certain toxic molds which can cause hemorrhaging in babies," said Dr. Max Lechtman, microbiologist and a retired Orange County professor. He is currently doing consulting research about these toxic molds and monitoring the progress of legislation related to these matters.
Lechtman said he is interested in indoor air quality, as these molds directly affect families unaware of the danger. He has a family member with asthma and became involved in environmental research as a result.
Lynn Knevelbaard held back tears this week as she talked about the home she bought in the California Renaissance development in 1990. Renaissance is a development of town homes off of Glenwood, between Moulton Parkway and Aliso Creek Road. Holding two photo albums thick with photographs of toxic mold and damage to her home, she described the problems she had during the years following her home purchase. The photos showed water leaks in the ceilings and walls, concrete settling, windows cracked and broken and the house settling so dramatically that 4-footdeep chasms opened between the foundation and the cement patio. Mushrooms grew out of the carpeting.
"I measured that hole with my hose," said Knevelbaard. "Then I started taking pictures.
"I knew water was leaking into the area between the stucco and the wallboard," she said. "It was from rain coming in along the windows and doors."
But this homeowner didn't understand the potential toxic result of water trapped in warm spaces.
Knevelbaard complained to the developer, Kaufman & Broad, in 1997 about visual defects. She went to the offices of Kaufman & Broad in Irvine, and when no one would see her she said she would sit in the lobby until someone came to talk to her.
A representative from Kaufman & Broad finally did.
Kaufman & Broad, now doing business under the name K&B Homes, said on April 26, 2001: "We first learned of the mold issue in 1999, after which we repeatedly offered to bring in third-party inspectors to investigate the situation so that we could immediately resolve it." K&B said that their investigators were refused entrance to the homes in question, and their efforts to evaluate and remedy the situation were refused.
"By the time K&B came to our homes," said Alice Kunreuther, another homeowner in California Renaissance, "our attorney advised us not to let K&B's investigators in unless our attorneys and our own investigators were present."
Kunreuther, with a patio fence leaning out over the slope, has cracks in the patio and separation of walls from the house structure. "Our attorney, the investigation team from K&B Homes and our own independent investigators came in and tore out walls, cupboards and pieces of carpet. The mold was evident."
"I've had a sore throat every day," Kunreuther added. "My sinusus are always clogged, I have sinus headaches, my eyes water, and I have swollen glands."
Kunreuther stayed in her home, hoping for a settlement so she could remedy the damage and clean the house and patio of the mold. She can't afford to walk away, "Yes, I'm worried. I don't know what to do. I never thought I'd have to worry about my home. A home is supposed to be a retreat. Now I have to wonder if something is eating my sinuses," said Kunreuther.
Knevelbaard finally moved out of her home in 2000, after having severe nosebleeds due to seizures. In August 1999, she underwent allergy testing by Dr. Mark S. Sugar, a family practice physician, with an interest in industrial medicine. Documents show that her allergies were directly caused by aspergillus and helminthosporium, according to Sugar and Dr. William E. Berger, both of whom are diplomats of the American Board of Allergy and Immunology.
Rilla Huml, a California Renaissance resident, exhibited sneezing, coughing, shortness of breath and fatigue, resulting in loss of income from being unable to work.
"I've developed severe asthma, was hospitalized eight times in the emergency room, I have to use a nebulizer to clear my airways, and I've been diagnosed with chronic fatigue syndrome and have symptoms of vertigo, blurred vision, and memory lapses."
Huml's daughter, 12, has suffered from chronic nosebleeds with blood clots, and migraines.
Her doctor, Ronald D. Gehling, M.D., a physician specializing in allergies, tested her for mold allergies, and found that aspergillus, found in her home, was the main cause of her physical symptoms. In his final report, he blames the infected environment in her home.
Representatives from Kaufman & Broad do not accept responsibility for the defects in these homes. At one point, according to Knevelbaard, they called the openings in the outside walls "hairline cracks."
Meanwhile the black mold made itself visible to the inside of the house as well as the outside stucco. These 24 homeowners in the California Renaissance tract filed a lawsuit on Dec. 22, 1999. It has yet to be settled.
The most dangerous of the toxic molds found are stachybotris and aspergillus. These are toxic to humans and animals. According to the Environmental Protection Agency, in a paper published in March 2001, "Mold Remediation in Schools and Commercial Buildings," these molds destroy the things they grow on, including ceilings, walls and support beams. Mold spores can't be seen without magnification, and these spores float through the indoor and outdoor air continually.
People with adverse health problems and allergies or respiratory difficulties are most prone to reaction from mold. The EPA report stresses that the key to solving mold problems is solving moisture problems.
Some of the residents from the California Renaissance homes affected by defects in construction sold their homes and moved out long ago. Others involved in the lawsuit have remained in their homes, unable financially to walk away from their investments.
Some, like Lynn Knevelbaard, walked away and lost everything. Her property was foreclosed. She is currently living with a friend in another community.
Where to find help if you suspect your home contains toxic mold:
There are resources to help a homeowner find out if toxic molds are growing in a home:
Gazoontite, a retail store in South Coast Plaza--sells mold-related products.
3333 Bear Street #106
Costa Mesa, Ca.
92626.
Call (714) 751-3977.
Horne Diagnostics, which analyzes mold samples, is a division of Purisys:
2484 FM30 North
Jewett Texas
75846
They can only be reached by mail.
The American Industrial Hygiene Association offers information on toxic mold.
2700 Prosperity Ave.
Fairfax Va.
Call (703) 849-8888
Web site: www.aiha.org.
The American Conference of Governmental Industrial Hygienists is a nonprofit organization that publishes a newsletter regarding toxic mold.
1330 Kemper Meadow Drive
Cincinnati, Ohio
45240
Call (513) 849-8888.
Web site: www.acgih.org.
Compiled by Lois Evezich
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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