Condo Owners and Renters: Beware of Mold Problems

A woman has just found a hidden room in her rental home.   But this room is of no use to her or her small child.

 In fact, quite to the contrary, she claims it contains high levels of mold making her child sick.  She says her child was never sick before and now has bad respiratory problems.

Read about this woman's claims here.

Every day people call our office with similar problems.  They are renting a home that they believed was safe.  Only to find out that it is mold infested.

And these people have many complaints.  For some, they always feel as if they have a cold.  For others, breathing his hard.  And yet others report motor skill and memory problems.

If you rent a home, you have a right to a safe environment.   Your home should not make you or your child ill.    Some landlords are responsible and will resolve this problem promptly.   They may have to let you out of your lease and pay for your personal property.

Others are not as responsible.  In that case, contact local officials to see if they can help.   If not, then you should contact a lawyer to learn of your legal options.

For condominium and townhouse owners, mold responsibility may be complex.  If it comes from a common element, some or all responsibility may fall on the association.  However, your state's case law and your governing documents should be reviewed before reaching any conclusions.

Also, unit owners may be able to file insurance claims.  Depending upon your policy, and the facts, the policy may provide coverage.

A home should provide comfort.  Not illness.

www.liebermanblecher.com

Condominiums and Mold --What can a unit owner do?

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

New Jersey and New York Condominium Associations Should Allow Mezuzahs

ER 18, 2010

COMMUNITY ASSOCIATIONS SHOULD BE SENSITIVE TO RELIGIOUS AND CULTURAL REQUIREMENTS -- OR RISK HORRIBLE PUBLIC OUTCRY

There have been numerous reports of condominiums making people take mezuzahs off their front door frames.   These very small items are important for Jewish people and it is simply outrageous that an association would demand that this kind of object be removed.  Or any similar religious ornament.  

See the attached 2012 article from the Fox News website.   This is the kind of publicity such an insensitive demand will receive.  And more importantly, this demand may violate federal and state laws.  

One issue that is very important in every community association is the concept of respect. People in community associations have some measure of interdependence. They need each other to survive.

While perhaps technically correct, a demand to reeve an important religious or cultural item that is not intrusive or overly burdensome is plainly disrespectful.  And that is never the right attitude to be displayed by an Association's Board.

Respect means doing what is just plain right. If we can’t respect each other, after all, how can we live together?

If an association is not allowing installation of religious items, then I suggest having a private meeting with the Board and educating the Board members. Often these issues arise out of misunderstandings.

If that does not work, you may seek alternate dispute resolution.

If that does not work, judicial relief is an option.   However, litigation is costly and always divisive.  It is always a last resort.  Not the first one.  

Broken Water Pipes in a Condominium/ Homeowners Association

Its been very cold recently here in New Jersey and this has caused a lot of condominium and home owner association problems.  Broken water pipes have been a big problem.  Who must pay the repair bill?

  Is the unit owner responsible?   the Association?   Does it depend where the break is located?   The answer to all three questions is yes.

All answers seem to be possible.   If you have a broken pipe and live in a community association your association documents will provide, the answer to these questions.  Water pipes may be owned by the unit or they may be a common element.  The only way to know for sure is to look at your documents,  probably focussing on how the master deed defines what is and is not part of a unit.

That having been said, I believe the location of the break will be a factor.   If the break is located in the common water supply line that provides water to the association, or to numerous units in a building, that might be a common elements issue.  If it occurs in the supply line devoted only to one particular unit, that might be the unit's responsibility.

There are many broken pipe problems in New Jersey and New York condominiums due to the very cold weather we are experiencing.  Responsibility it seems to me is based on the location of the break and the wording in the association's organic documents.

Condominium litigation costs may slow new units from marketplace

This is a very interesting article about the Denver marketplace.   The article suggests that developers are not building too many condos because they keep getting sued and, it is therefore not worth it.   Apparently marketplace factors and high insurance make this problem particularly bad there.

But, in New Jersey all associations must go through "transition," the process where the associations takes control from the developer.   Often this results in fights between the association and the developer, with litigation not being uncommon.  Especially when you consider a 10 years statute of repose that makes these suits difficult, maybe impossible, to file if ten years pass after issuance of a certificate of occupant.

Read this article here .

Will condos become a rarity in New Jersey as well for the same reasons?

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

New Jersey Condominium Transition Agreements, from the Association's view point

Transition Agreements for Condominiums:   Let the Association BeWare

Transition is every association’s independence day.   It marks leaving home, growing up, being “on your own.”

Transition turns responsibility for the common elements and for running the project over to the Association.  The Developer bids you farewell  and leaves the project.

A transition agreement is often signed which in formal terms depicts this separation.  Often the first draft presented to the Association comes from the Developer.  Probably the Association should not sign it but make changes.

  No question, the Associations needs its lawyer to review the document.  Do not try to save money here.

The big issue in the agreement is the release the  builder wants to obtain  from the

Association.  From the Developers’ standpoint, it wants to fix whatever needs to be fixed and leave for good.

The Association may want the Developer to remain liable for repairs for a given time period.  In other words, not only does the developer have to fix whats broken,  but enough time must pass to show that everything was properly fixed.

The builder may also want the association to defend and indemnify it from third party claims.  Really?  When did the Association become an insurance company?   Trick question.   It never did and this issue needs to be looked at and negotiated.

The Association may have to certify it received all transition related documents from the developer.  If so, the Developer must first certify this is true.

The Association may be asked to represent that it is confident all of the books and affairs are in order when transition occurs.   If so,   the Association needs to independently verify this is so.

And who will identify all common elements and verify they were properly installed and functioning.  Some common elements are missed all together in transition.  An expert must be retained to make sure this does not happen at your complex.

Yes, this really is a multifaceted project.  It does not have to cost a small fortune.   But no, doubt,  from the Associations standpoint it must be properly done.

Lieberman & Blecher represents community associations within the State of New Jersey.            www.liebermanblecher.com

pot laws and condo rules, hi to high times

States everywhere are either decriminalizing marijuana or nearly doing so.  But will condo board follow step?  can boards treat this issue differently than their host states.  Read more.