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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19012
Experience:  B.A.; M.B.A.; J.D.
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There is Mold problem in my master bedroom in condo complex.

Customer Question

There is Mold problem in my master bedroom in condo complex. The mold is of type stachybotrys which takes time to grow and water damage is must for that. The bedroom has adjoining unit on the fist floor. The mold is in middle of the both units wall. My condo association says that anything under 10K is Unit owner's responsibility and if the other unit is damaged then the other unit owner will have to share the cost for his wall repair.
I bought this condo 4 years ago but either I did not find mold at that time or my inspector did not do mold test but I see some repair mark there.The condo association insurance company is saying that they will not pay anything even if it is more than 10k, my home insurance company has paid some money for water damage from AC leak but they are not aware of master bedroom mold.
My son had severe heath issue but we have not done mold allergy test yet.
So My question is
1. Who should pay for under 10k repair cost
2.Who should pay for above 10k cost if that happens which is rare.
3. Can i sue the management or the previous owner for not disclosing Mold.
4. Should management pay for the water leak issue or the structural issue which caused the issue.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Customer: replied 9 months ago.
Edit, the mold problem is at multiple places 1. Near AC closet for which my home insurance paid. One is in outside storage unit which I don't know when did that happen. These two are easy to fix though as I removed damaged hardwood from ac closet and storage unit is outside.
The main problem is Master bedroom with share walls with other unit and only that room has stachybotris. The condo association wants me to sign a paper before work starts which says they will not pay anything.
Expert:  Phillips Esq. replied 9 months ago.

So My question is
1. Who should pay for under 10k repair cost

Response 1: The condo association/management.

2.Who should pay for above 10k cost if that happens which is rare.

Response 2: The condo association.

3. Can i sue the management or the previous owner for not disclosing Mold.

Response 3: No, you cannot since you did home inspection and there was no mention of mold. As you said, you do not know when the mold started. So, you would have a high burden to prove that the seller knowingly lied about the condition of the premises at the closing. Also, unless there is a survival clause with regard to this sort of thing in your Purchase and Sale Agreement, the closing renders the Purchase and Sale Agreement null and avoid. So, you would not able to sue the Seller for the breach of the Agreement.

4. Should management pay for the water leak issue or the structural issue which caused the issue.

Response 4: Yes.

Customer: replied 9 months ago.
Thank you Phillips, My condo association is not agreeing to pay anything. They are saying that there must be an event date then only their insurance will pay. I can't start the work until I sign their Approval request paper. What should I do?Regarding Survival clause should I check Purchase and Sale agreement ? is it uncommon to have?
Expert:  Phillips Esq. replied 9 months ago.

Thank you Phillips, My condo association is not agreeing to pay anything. They are saying that there must be an event date then only their insurance will pay. I can't start the work until I sign their Approval request paper. What should I do?

Response 1: Unfortunately, I cannot tell you what you should do here because that would be considered giving legal advice, which is prohibited by the terms of service.

Regarding Survival clause should I check Purchase and Sale agreement ?

Response 2: Yes, you should check.

is it uncommon to have?

Response 3: Unfortunately, yes. However, some P &S agreements do have them. I try to put them in mine when it is warranted. For instance, when there are outstanding repairs and the Seller has promised to fix them.

Customer: replied 9 months ago.
Thank you so much. I think, I will wait for a few more opinions.
Expert:  Phillips Esq. replied 9 months ago.

Okay.

Kindly take a minute to give a positive rating to my response so that I can receive credit for addressing your concerns.

Thank you for your cooperation.

Customer: replied 9 months ago.
Hi Phillips, on what basis association should pay? I need to show the clause to the association otherwise it will be just talking without any solid basis which I already did.
Expert:  Phillips Esq. replied 9 months ago.

The affected area would be considered a structure--a common structure connecting two units.