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View Full Version : HOA Negligence


Tug
Nov 29, 2009, 01:37 PM
I purchased a townhouse that unbeknownst to me had a sewage leak for at least 3 months. According to the disclosure the previous owner complained about moisture in the crawl space on 9/25/09 but the HOA determined it was caused from the sprinkling system and let it go at that.

After being in the condo for about an hour I get extremely light headed, get a rash on my chest and stomach (which my Dr has confirmed) and I start to itch all over my body, my girlfriend is getting light headed and itching as well so Im sure it's not an isolated incident

The HOA has had the crawl space remediated and air tested for mold which has come back negative but refuse to do anything about the contaminated soil that was caused from the sewage pipe leak

Because of the light headeness, extreme itching both me and my GF are experiencing we were forced to move out of the condo and are now living elsewhere.

I apologize for being vague but if I were post everything that's transpired the post would became to lengthy, I will try to answer any questions to those who reply.


Thank you

fairytalesrcute
Dec 1, 2009, 10:57 AM
Tug,

It sounds to me like the issue might not be with the soil. Just because your HOA has had the "Air" tested for mold does not mean there is not mold growing up along the inside of the walls. I am a property manager and I cannot tell you how many times I have dealt with former companies who let this stuff go and do not remediate it properly. Get checked out by your doctor for (forgive me if I spell it wrong) fibromyalgea, as it is one of the most common mold caused illnesses. If you come back positive for that the HOA is in trouble... Insist on knowing who "tested" for mold, get their contractors license numbers and all qualifications. Most HOA's like to go the cheap route and have their internal handyman fix things. Insist they open up one of the walls near the crawlspace if you are not able to get to it yourself. Word of caution: Mold can grow anywhere, even under the carpets if the leak was bad enough it could seap through the wall joints and spread throughout the condo.

excon
Dec 1, 2009, 11:28 AM
I apologize for being vague but if I were post everything that's transpired the post would became to lengthy, I will try to answer any questions to those who reply.Hello Tug:

I'm not interested in more story. I'm interested in what you want to DO. Do you want the HOA to fix whatever you think the problem is, AND pay for your other residence?? Do you want to sell? Do you want to rent? Do you want to sue the previous owner?

I suppose it doesn't matter much, because IF you have grounds to sue ANY of the people above, you haven't documented it. You're going to need more than the doctor confirming you have a rash. You're going to need a affidavit from him stating that your condition IS absolutely from the air in the condo.

I don't think you're going to get that... Plus, the HOA looks like it DID investigate and DID determine that there's no danger. I know, I know... YOU feel there is a danger, but you're feelings aren't going to win any lawsuit.

If it were me, and you couldn't live there, I'd rent it. It's certainly better than having it foreclosed upon, no?

excon