New Jersey Home Owner Associations Need to be Careful About Mold

Ten years ago few people really believed that mold could make people very ill, or destroy their homes and property. People believed that mold has been around forever and that it really cannot hurt anyone. A lot has changed in ten years.

For homeowner associations, this can mean possible lawsuit liability.  These associations are usually responsible for maintaining common elements, which often include roofs, basements, unfinished parts of walls, and roof gutters.  Unfortunately, mold requires a moisture source and it is exactly these areas that often provide these sources. 

Which means that the Association may get sued in a mold personal injury or property damage case.  In response to this reality, Associations should do the following:

1.  Become educated.  Courses are available in the area.

2.  Become vigilant.  If you see a problem, fix it immediately.  Delay makes the problem worse and increase the liability.

3.  Become pro-active.  Nothing makes a defense lawyer happier than proof of regular maintenance. So do it  and record it.

4.  Educate unit owners about hazards associated with leaky faucets, toilets showers, etc.  Do so in writing,  keep a record of it,  and do it often.

5.  Take these claims seriously. So often suit is prompted by a callous property manager response to a mold claim.  Not a good idea at all.

At Lieberman & Blecher, we have seen a sharp increase in mold complaints, mold property damage, and mold related sickness and injuries.  Doctors now understand this issue as well. Whereas 10 years ago a person might not be able to get a mold related medical diagnosis, now Doctors ask about mold exposure and they are familiar with these problems.

Mold illness often causes severe breathing issues and many of our New Jersey mold cases have a pulmonary component to them. Weakness, extreme fatigue, becoming terribly lethargic, memory loss, development of other immune or neurological symptoms, are all part of a classic New Jersey mold exposure case.

Mold liability is based usually on negligence standards and, when applicable, fraud or breach of lease concepts. And landlords need to be nice to their tenants because the best evidence that a landlord was aware of this problem often comes from a former tenant --maybe one who was unhappy for completely other reasons. The point is simple --property owners and managers must immediately take care of these issues.  Delay is a plaintiff lawyer's gift.

Associations and property managers need to become better informed in this area and need to be very careful.  Verdicts and judgements can be in the millions of dollars.  And the harm can last a victim's life time.

Lieberman & Blecher practices community association law and environmental law  in New Jersey.  www.liebermanblecher.com