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My condo association riped out my neighbors walls and

My condo association riped...

My condo association riped out my neighbors walls and cabinets after there was a leak from overflow of the washer. They are charging me for mold work and construction to repare mald control. After they said there is a leak of AC unit in the same location and association is responsible to fix that. Now i am thinking could that have been the issue all along? Could overflow cause mold in few days?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

FL

Lawyer's Assistant: Has anything been filed or reported?

We been asking for mold report and receipt but they have been promising it and we still have not gotten it. The damage after the mold is reported and we have pictures. And the new problem is reported with association but still no paper work because it is not complete yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have contractor there now reparing the walls to our neighbor that we paying for from out pocket.

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Answered in 1 minute by:
3/7/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Ok

I'm sorry to hear about your situation. Has a mold remediation company come out to determine the cause and length of time the mold has been present at all?

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Customer reply replied 1 month ago
we have been asking to see the report but we have not received it still and we have been asking for it over a week. We are not at the location we are in new york and the property is in Florida. We were not there and they did everything without our knowledge

I see what you mean. So, if I'm not mistaken, they're saying that there was a leak from the AC unit (probably), which caused the mold, but they're charging you. Is that correct?

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Customer reply replied 1 month ago
First they said that our washing mashine caused the mold and we are responsible for mold invoice and repairs to the neighbors unit. Now they are saying there is a leak in that same location from the AC unit which association is responsible for and they need to fix the leak in our and neighbors unit. We are thinking that it was the AC leak that was there before that coused everything and they are responsible for everything not us.

Understood. Thanks so much. Ok, so if they don't provide you information from the mold company, then this appears to be a violation of the implied covenant (promise) of good faith and fair dealing because there is no way for you to confirm how much or to what extent your property caused the mold, if at all. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

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Practically speaking, it is possible that you may need to hire your own company to conduct an investigation if it is possible. This way, if it shows the A/C unit was the issue, then you won't have to pay and it will probably force the HOA to make better efforts to show you the facts.

How else can I help you today?

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Customer reply replied 1 month ago
Thank you but to hire investors i think its to late it has all been cleaned up now. If the mold report dont show how old and where the mold came from. That can we do than?

I understand. If they mold report doesn't show anything regarding the mold, then I believe that you should still refrain from paying anything. Basically, you could call their bluff. They would have to tell a court this was a legitimate fee to be charged to you despite no evidence to actually back that up. Plus, you could counter sue for breach of contract if they bring suit. If they're smart, they'll drop it, but in all practicality, I would try to work out something perhaps where you and the HOA split the cost.

How else can I help you today?

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Customer reply replied 1 month ago
No thats great information thank you.
You bet. If you don't have any other questions, would you mind providing me a a five star rating today?
Legal Eagle
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Customer reply replied 1 month ago
Of course not. You deserve more than that. Great website thank you.

Thanks so so much!

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