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.

Condominium Decks Collapse -- Who is Responsible

Wildwood Missouri residents who reside at the Sandalwood Creek Condominium Community need to look up at all times, especially to avoid  collapsing decks.  A deck attached to a residential unit collapsed this past Memorial Day when four people were standing on it.  All four are now in the hospital.

County officials came to the scene to evaluate all of the decks in the community and the news is not good.  It appears they may not meet current code requirements and some news reports report findings that other deck collapses in the community are foreseeable.

The decks are 30 years old and it appears many have not been properly maintained.  Some appear to be rotting.   One news crew found a decks that was visibly sagging, suggesting that it may be next in line.

So --who is responsible to repair these decks?    Of course it depends on state law and the association documents.  But in many instances, the homeowner will be responsible.

The reason is that these decks are often called "limited" common elements.  They are common elements because they fall beyond the "finished walls in."  But they are "limited," because only the adjoining unit owner can enjoy them, or in this case fall from them.  In these cases often it is the unit owner who must maintain, and if need be replace, the deck structure.

Some news reports suggest that this is the case in Wildwood Missouri.  But everyone may not agree and ultimately a Court may have to interpret the documents in question.

Who ever is responsible aside, decks must routinely inspected and maintained.  And they must be replaced when they are no longer safe.  Even if common funds will not be used to do this, the Association usually has the inherent right to ensure that this work is undertaken on a regular basis.

Stuart Lieberman Is an attorney with Princeton's Lieberman & Blecher.    The firm represents community associations in New Jersey and New York.  www.liebermanblecher.com

View this Great News Piece on Sick Building Syndrome-- Pictures of What to Look For....

An Idaho Television station just did a news spot on sick building syndrome and black mold.  Go here to view it.

It is a very informative news story that shows pictures of a home with very bad indoor mold problems, including black mold all over the place.

If you are interested in this issue, I suggest you view this.

Lieberman & Blecher represents victims of toxic mold exposure., 

Homeowners Associations Need to Be Fair and Even handed

This is an article about the Colorado Legislature's attempt to address complaints that homeowners associations go too far in collecting monthly assessment. 

 They complain that heavy handed tactics are employed and that late fees and other expenses can become a bigger problem than the actual amount owed.  Read the article here.

The point is that community associations need to be transparent, fair and even handed.  Tactics that are unfair are going to result in very costly law suit, and associations may have to pay for both sides lawyers.

Its better to take a little longer, use diplomacy and be fair.  Boards that rush to court are usually the most at risk of paying too much for lawsuits that were not appropriate to begin with.

If some Board members are litigation happy, others should speakup  and make sure that litigation and legal enforcement is being used cost effectively and as a last resport.  Speaking up requires courage, but a voice or reasons must prevail.

Many of these lawsuits are great for the lawyers but not the associations or the unit members.   So slow and steady is the message.

If problems continue expect legislative responses.  Which means this --community associations have a choice of self regulating,  or becoming overly regulated by the state.

  May I suggest that the choice is clear.


Lieberman & Blecher represents community associations in New Jersey.

Read about a Florida condo that has completely mishandled a special needs request

Condos. Must enforce the rules nd mut be uniform.  But they shod not ignore legitimate requests by home owners that have bona fide special needs.  In this case a resident with a horrible condition can now only walk around wht the aide of a shopping cart.   And look at ths short minded association response .

My tip to condo boards, here is everything not to do....
Cond

http://www.fox4now.com/news/local/205870931.htmlhttp://www.fox4now.com/news/local/205870931.html

Lieberman & Blecher represents community associations .   Www.liebermanblecher.om

WOULD YOU LIKE ICE WITH YOUR GLASS OF MOLD?

This published article indicates that a popular fruit drink may have mold.  According to the article, the reason for this is that the product lacks preservatives, which means the mold can grow within it.  

Apparently some of the product was returned because of mold masses.  Gross!!  Yes,  but unless you are susceptible probably not going to hurt you.

I have seen lots of mold in buildings and homes.   Have not thought much about it being in food though. 

You can read the article yourself and decide....

Lieberman & Blecher represents mold victims in New Jersey and New York.   www.liebermanblecher.com

Watch out for proposed laws that will lead to special assessments

This Op Ed represents an interesting point of view and is worth reading for condominium owners and association managers.   Particularly germane to struggling associations is the fact that even seemingly benign proposed legislation can make it difficult for the association to meet its financial obligations.  Invariably large special assessments can follow.

Read this column for a good explanation of this issue.

Lieberman &Blecher represents community associations in New Jersey.   Www.liebermanblecher.com

Getting high in the Condo? As States Legalize Marijuana, will Home Owner Associations Just Say No?

Marijuana is becoming legal, to various extents, in a lot of places.

Some states such as New Jersey and California allow if for medical purposes.  Colorado just plan allows it.  Some predict that sooner or later it will pretty much just be legal, basically everywhere.

The question is whether Home Owner Associations will be able to ban marijuana in instances where the state says its legal.  Will condos be able to just say no?  The answer is not so cut and dry.

Clearly Associations can protect public areas and common areas.   To some extent they may also be able to take measures that are for the common good, including, measures that maintain property values.

The amount that Associations regulate is very state specific, and even within states is not always very clear.

Some Associations have outlawed tobacco smoking all together, largely due to complaints that the smoke has permeated into common areas or into individual apartments.  Indeed, some people have become very sick because of cigarette smoking originating from privately owned residential units.  But outright smoking prohibitions can be very controversial and may invite a lawsuit.

As pot become more legal, Associations will invariably be asked how and whether they plan to respond.   And you can be sure that no matter what they do, their decisions will be challenged.

In other words, this is only the beginning of a discussion that will be reoccurring throughout this country, for quite some time to come.

Lieberman & Blecher proudly representswww.liebermanblecher.com
numerous homeowner associations in New Jersey.  

New Jersey Condominiums are Able to Limit Certain Liability Claims

Read about the ability of new Jersey condominiums to limit claims brought by unit owners.  This may make sense for a lot of associations.  It was blogged on our firms blog site.  

Lieberman & Blecher represents community associations in New York and New Jersey.

WWW.liebermanblecher.com

Toxic mold and the problem of cross-contamination in New Jersey and New York

Baby injured from black toxic mold

A story was just reported in the news about a Jasper Alabama family whose infant child was hospitalized after toxic mold was found inside her family's home. The toxic black mold was allegedly ignored by the landlord who, after complaints were made by the baby's parents said that if it's a problem they should "move out."

The baby was hospitalized twice up to 5 days at a time when her throat and eyes swelled up. They finally contacted a mold inspection company who waived the $500 fee because they said its one of the worst cases they've ever seen. According to the tenants, the landlord pulled up the carpet to cover-up the mold with new flooring. According to the mold remediation company this was a huge mistake because it cross-contaminated all of the belongings which now have to be destroyed as a result of this cross contamination.

Cross contamination threat and toxic mold

Toxic mold is not only a problem here in New Jersey and New York, but it's a problem throughout the United States. There are an increasing number of mold complaints. They typically arise in landlord-tenant cases, when people purchase homes and are not told about pre-existing mold, in office environments and even hospital environments, and in a variety of other settings. This is very serious and some people become very ill. Not everybody becomes ill, it's very much person specific. But some people become very ill as a result of exposure to certain kinds of mold.

Cleaning up the mold is very often not the only thing that has to be done. Items that are exposed such as furniture, clothing, bedding etc., very often have to be remediated. If they are not they cross contaminate the new cleaned environment. And this can cause a real problem for people who are prone to become ill from the mold exposure.

Which means --- if your apartment, rental property, condominium. new home, office become mold contaminated, cleaning the walls and remediation the mold may not be enough. Always make sure the source is addressed, perhaps a leaky roof or leaky pipe, etc.  Clean bedding, toys, etc....Finally, make sure your valuable, such as furniture, clothes, bedding, children's toys are cleaned and that mold is removed. If this is not done properly, it can cause serious problems due to cross contamination.

Is this the Association's responsibility?  It may be.   You need to look at the Association documents, case law in your state, and the particular facts in your case. 

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

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

Condo purchasers need to test for radon

A Wisconsin community is the news recently. And not for reasons that make Town officials happy. Its in the news because many homes are reporting unacceptably high radon levels.


Radon needs to be taken seriously. After cigarette smoking it is the leading cause of lung cancer. And smokers in high radon environments have even higher chances of becoming sick.

What makes radon so menacing is that you can’t see it or smell it. It is completely invisible. And yet it can kill.

Some areas are more prone to radon than others. Radon comes from the ground and certain ground formations are more likely to produce radon.

Radon can also enter through drinking water. Hot showers are particularly dangerous.

Here in New Jersey certain communities are considered to be Tier I Communities. In these areas new home much have radon mitigation systems.

Radon is tested by leaving a canister in a room for a day. Doors and windows must be closed.

Here is a real problem without an easy solution. If a buyer leavers a canister in a sellers home – the buyer has no real way to know whether closed conditions were in place. And a seller who wants to cheat can do so easily by just airing out a house during testing. Be aware of this problem.

Radon can be addressed through a mitigation system. Use an experience company with a good reputation. And it might be better to have an independent company do the radon confirmatory test after the system is installed to avoid any possible conflicts.


When purchasing a home make sure that radon testing is done before title is transferred . If a problem exists use a very good mitigation company to fix it before you close on your new castle.

Lieberman & Blecher practices environmental law in New York and New Jersey.  We have represented many people injured by toxic susbstances such as radon, dirty water, air pollution, and other toxic hazards.  www.liebermanblecher.com  .

NJ Condo Boards Have Power to Challenge New Zoning

When a municipality proposes zoning changes in New Jersey, who has the right to oppose the changes: the Condo Board or the unit owners?

In the case of Jennings v. Boro of Highlands, a state appellate court ruled that it is the association that has this right.

Not the individual owners.

This is a very interesting decision because associations usually regulate only common elements. One might imagine that unit owners, who like everyone else in town pay taxes and care about their local zoning, would have this right and NOT the Association.

But as of at least as of this decision, it is the Board’s right. Not the unit owners.



Lieberman & Blecher represents New Jersey community associations. http://www.liebermanblecher.com

New Jersey Community Associations Need to Address Bed Bugs

Bed bug problems in New Jersey real estate are fairly new.  Condominium and Homeowner Associations in New Jersey need to be aware of this issue.
But bed bug grievances seem to fall into certain types of claims.

The first claim relates to personal injury. A person stays at a hotel or perhaps rents a room and gets bitten. He or she files suit claiming the landlord failed to provide habitable premises or was negligent.

A second kind of claim relates to a landlord or real estate seller who fails to disclose. Here the victim proves the landlord or seller knew or should have known of infestation and did not disclose the problem. This may be a fraud claim or a negligent representation claim.

A related claim may be under a law called the Consumer Fraud Act which prohibits unconscionable trade practices. The law specifically applies to certain real estate transactions, is easier to win than traditional fraud, and allows for triple damages which are called treble damages and attorneys fees. Sellers, brokers and other people may be exposed under this very powerful law.

Other claims may be filed against condominium or home owner association complexes on the theory that bed bugs entered through common elements, for which they have legal responsibility. Common elements may include space between walls, space under first floors, space under attics, and common law and hallway areas.
Bed bug claims may also be brought against extermination companies for negligent extermination services and against the property manager for negligent performance, negligent supervision, and negligent training. Here, some form of prior notice would likely be required.

In landlord/ tenant cases, some tenants are seeking either rent reductions or lease terminations based on bed bug infestation. Results in these areas seem to be very fact sensitive. Documentation on both sides is key --and the lease and other real estate documents must be carefully reviewed to determine rights and obligations.

Here is the bottom line. Bed bugs are at infestation levels and they are found all over the place. Litigation will continue, and will likely explode. The more people are exposed, the more they will seek relief from
the courts.

We are the very early stages of this from a legal standpoint. This means possible responsible parties must be pro-active, vigilant, and be able to document their reactions and concerns. Promises alone will not provide legal protection. Prompt effective, documented actions will likely be key.

Lieberman & Blecher proudly represents community associations and files claims involving community associations through out New Jersey.