When a homeowner’s association (HOA) fails to repair a roof or defects in common areas, severe water damage to an owner’s unit can result in pervasive toxic mold. If the association refuses to remediate the mold damage, property owners have a right to take legal action. That’s where San Diego firm Thompson Injury Law comes in.
We have extensive experience prosecuting HOA mold litigation claims in San Diego. A mold problem can be challenging because there is usually a debate over which party is liable.
Our HOA mold attorneys understand these complex insurance and coverage claims, know how to hold homeowner’s associations accountable, and work to help property owners recover damages. Contact our office today to set up a consultation.
Who Is Responsible for An Homeowner’s Association Mold Problem in San Diego?
Mold is a common problem in buildings and homes throughout Southern California, including in homeowner associations. Mold infestation can occur in any location, but it’s a more complex problem in those with shared or common elements, such as townhomes, as mold can spread quickly across units.
By contrast, in HOA’s comprised of single-family homes, there is a bright line between the association’s homeowner’s responsibilities. So, it is generally easier to determine which party is liable for the mold problem in these communities.
In any event, disputes between owners and HOA’s can occur when associations fail to cover the cost of damages and repairs. HOA mold litigation may be necessary when negotiations cannot resolve the dispute.
Because HOA’s have the authority to enforce the covenants, conditions, and restrictions placed on the community in its governing documents and manage the common elements of the development, it is crucial to have a capable HOA mold attorney in your corner.
Homeowner’s Association (HOA) Mold: Identifying the Liable Party
Generally, the HOA becomes liable for mold damage if it originated from a common area, just as in other maintenance issues in a homeowner’s association. Common areas are under the HOA’s jurisdiction, while individual owners are responsible for their homes.
However, not all homeowner’s associations have the same bylaws and rules governing the community. A review of the association’s governing documents should determine maintenance responsibilities. Some HOA’s follow the origin rule. The homeowner’s association could be liable if water damage in the common areas resulted in mold infestation in the owner’s unit.
When the HOA Is Negligent
The homeowner’s association is responsible for maintaining the common areas. If insufficient or lack of maintenance leads to mold growth, the HOA can be held liable for negligence. Notably, there is a difference between a duty to insure and a duty to repair. HOA’s typically insure both the homes or units and the common elements. That may cover the cost of mold remediation but not the cost of repairing damages inside the owners’ units. It takes a skilled HOA mold attorney to analyze the governing documents and applicable state laws regarding HOA mold problems.
Homeowner’s Association Litigation & Mold Remediation
Once the homeowner’s association discovers mold in its community, the HOA must take steps to remediate it. Toxic mold can have serious health effects, so it is necessary to have a professional treat the mold and prevent further growth.
Moreover, homeowner’s associations should include mold inspection in their regular maintenance schedule. HOA’s must check common areas and buildings for signs of water damage and mold to prevent it from spreading and growing out of control. A homeowner’s association that fails to include this as part of the maintenance plan may be found negligent.
Holding San Diego Homeowner’s Associations Accountable For Toxic Mold Exposure
A homeowner’s association (HOA) and the board of directors are responsible for maintaining common areas and preventing mold damage to individual units. When an HOA fails to do so, our team works to hold them accountable.
If your homeowner’s association has failed to remediate mold damage, trust Thompson Injury Law to handle all the details of your claims and protect your rights. Our toxic mold lawyers will:
- Have a professional inspect your premises
- Review the HOA’s governing documents
- Determine whether other owners have experienced water and mold damage
- Take over all communications with the association and their attorneys
- Negotiate a favorable settlement
If the homeowner’s association fails to remediate the mold and repair damages to your home, we will pursue HOA mold litigation to achieve the desired outcome. Rest assured, we will protect your rights in and out of the courtroom.
Contact Our Experienced San Diego Homeowner’s Association Mold Litigation Attorney
Property owners in an HOA expect quality of the community, their homes, and common areas. When a homeowner’s association fails to meet its responsibilities and prevent mold damage to an owner’s unit, it takes a skilled HOA mold attorney to hold them accountable. Contact our office today so we can start working on your toxic mold claim.
Thompson Injury Law handles mold litigation cases with the HOA all around the San Diego metropolitan area; this includes areas such as Carlsbad, Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, San Marcos, Santee, and Vista.
