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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If the state health dept is called by an individual, and claims

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If the state health dept is called by an individual, and claims asbestos dust which did not exist. Can the State force the building, which is a 23 story condominium which was built in 1963 and has been occupied all these yrs. The issue is sprayed popcorn ceilings in both common areas as well as individual units, the stat is requiring to be abated The Association is now bing forced by Dallas code to up grade the fire alarm system in common areas as well as indivdual units. We are talking about a 2-3 % possible asbestos issue in the popcorn, that when removed is sprayed with water and soap and clumps when it falls. Over the past 45 yrs the popcorn has been removed in various areas with no problems. To spend exorbidant amount of money for this is a rip off. Is there any way not to have to do this.. Thanks al steiner
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Actually, yes, the health department and building inspector can mandate the remediation of any asbestos as a hazardous. The fire code upgrades can also be mandated under the government's right to regulate health and safety of the residents. This is a big issue in older buildings. Unfortunately, the Association will have to bear the costs and these costs of remediation are going to have to be paid by the members of the association and the board will have to pass an assessment onto the members. This is something that you cannot appeal unless you are appealing that there are no violations.


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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88680
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Incomplete answer.
Either get me a proper answer , a different attornry that is an enviormental atty in tx or refund my deposit
Customer: replied 2 years ago.
Relist: Incomplete answer.
Either get me a proper answer , a different attornry that is an enviormental atty in tx or refund my deposit

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