Legal Question in Real Estate Law in California

HOA refuses to repair tearout due to mold

2 1/2 yrs ago I had mold in the unit and the HOA sent people in to remedy the mold. At the time the source of the mold was inconclusive. The HOA�s testing caused water unto my furnace. As a result of the mold and the HOA carelessness, items of personal property were damaged. The HOA promised they would restore the unit in writing but have not The CC&R�s state that if they make any repairs, they must restore the unit. Approx. 3 months ago a leak was detected in the common wall pipes from mold infestation. The HOA did the same thing. The remediation is not complete. They are now refusing to restore unless, I sign a settlement.I do not want settlement unless it includes loss of use, personal property, furnace and other out of pocket expenses, also health issues due to mold. I have requested the insurance information to file a claim directly. They refused. I spent thousands on attorneys to communicate with the HOA attorneys, to no avail. I am on disability. All statues of limitations are good. Are they allowed to do this; can I prove lack of good faith and gross negligence by these circumstances in order to sue the individual board members; what causes of action can I sue them for and, are there any civil rights violation?


Asked on 5/16/08, 5:56 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: HOA refuses to repair tearout due to mold

This is a civil dispute. Your remedy is to sue civilly. I don't recommend you do this without an attorney. "A man who represents himself has a fool for an attorney." Abraham Lincoln.

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Answered on 5/18/08, 9:59 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: HOA refuses to repair tearout due to mold

Probably a good suit for breach of contract and negligence; I don't think there is sufficient cause to go after the board members individually nor do I see a civil rights issue as such; but under various provisions of the Civil Code and the Welfare & Institutions Code you probably have some additional rights including treble damages and reimbursement of attorneys' fees if you win. Sorry I don't do this kind of law myself, but if you interview lawyers in the future you might ask them to take it on contingency and point out Civil Code sections 1761 and 3345, and W&I Code Division 9, Part 3, Chapter 11, especially 15610.23 defining a dependent adult, 15610.30 re financial abuse of a dependent adult, and 15657.5 re attorney fees.

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Answered on 5/16/08, 6:59 pm


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