A Florida woman is complaining about an issue that we see frequently: a neighbor with a severe mold problem. See attached news article.
Many condominiums and townhouses are constructed in a manner so that mold in one unit can travel into adjoining units. Its similar to noise or odors: one unit can affect neighboring units.
This can be serious for a few reasons. One is odor. The offending unit may smell badly and neighbors may have to put put with that.
Second, mold may have health effects. We see clients complain of a range of symptoms, from respiratory to neurological. A recent study conducted at Rutgers University focused on Parkinson-like symptoms in some mold impacted people.
Third, property values may be affected. People who live next to a mold infested apartment may not be able to sell their condo for the fair market price.
Impacted unit owners may be placed in a difficult situation. They should definitely contact the offending unit owner if they feel comfortable in doing so and ask for compliance. In any case the property manager and the Board Association must be contacted verbally at first, followed up by a written communication.
Condo associations may have a responsibility to the victimized unit owner. Whether that is the case depends on the Association's master deed and related documents, as well as local court decisions concerning these kinds of issues.
Some government agencies may also help. However our experience shows they are generally over-worked and often cannot respond to every complaint of this nature.
Sometimes no choice remains but to go to court. In that case the offending unit owner and all other responsible entities will likely have to be sued.
Lieberman & Blecher provides legal representation in New York and New Jersey. Our firm has substantial association law experience as well as toxic tort experience.
www.liebermanblecher.com
Many condominiums and townhouses are constructed in a manner so that mold in one unit can travel into adjoining units. Its similar to noise or odors: one unit can affect neighboring units.
This can be serious for a few reasons. One is odor. The offending unit may smell badly and neighbors may have to put put with that.
Second, mold may have health effects. We see clients complain of a range of symptoms, from respiratory to neurological. A recent study conducted at Rutgers University focused on Parkinson-like symptoms in some mold impacted people.
Third, property values may be affected. People who live next to a mold infested apartment may not be able to sell their condo for the fair market price.
Impacted unit owners may be placed in a difficult situation. They should definitely contact the offending unit owner if they feel comfortable in doing so and ask for compliance. In any case the property manager and the Board Association must be contacted verbally at first, followed up by a written communication.
Condo associations may have a responsibility to the victimized unit owner. Whether that is the case depends on the Association's master deed and related documents, as well as local court decisions concerning these kinds of issues.
Some government agencies may also help. However our experience shows they are generally over-worked and often cannot respond to every complaint of this nature.
Sometimes no choice remains but to go to court. In that case the offending unit owner and all other responsible entities will likely have to be sued.
Lieberman & Blecher provides legal representation in New York and New Jersey. Our firm has substantial association law experience as well as toxic tort experience.
www.liebermanblecher.com
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