The Way to Address an HOA Mold Problem
An HOA mold problem is often a point of contention since there is usually a debate on which party is liable for it. Does it fall under the association's responsibility, or should the homeowner answer to the charges?
Who is Responsible for an HOA Mold Problem?
Mold is a problem commonly encountered in buildings and homes. It can go unnoticed for many years, though telltale signs usually come from sight and smell. In homeowners associations, mold can be a problem, too. It can even snowball into chaos, ending with an HOA mold lawsuit.
Though mold can occur in any association, it is usually a more complex problem in communities with shared or common elements, such as condominiums, because mold can spread quickly across units.
In contrast, in single-family communities, there is typically a clear line between the association's and the homeowner's responsibilities. It is generally easier to determine who should be liable for the mold problem in these communities.
Because the lines with mold are often blurred, owners can sometimes enter disputes with their associations. Owners might argue that the association should cover the cost of the damages and repairs, even though it is not always the HOA's fault, which sows discord among community members and leads to further disputes.
Identifying the Liable Party in the HOA
Most experts agree that the association becomes liable for HOA mold damage if it originated from a common area, similar to other community association maintenance issues. Common areas typically fall under the jurisdiction of the HOA, whereas individual owners are responsible for their homes.
Not all homeowners associations have the same bylaws and rules that govern the community. It is essential to check the association's governing documents to see where maintenance responsibilities lie. Even then, though, it can be on a case-to-case basis.
Many associations also follow the origin rule. If a homeowner leaves their water running, which results in mold and then spreads to common areas, the owner is at fault. In that case, even though the common area is affected, the owner may be liable for damages and repairs. On the other hand, the HOA may be responsible if the situation is the other way around.
Negligence is an Issue Too
It is generally the homeowners association's responsibility to maintain the common areas, but insufficient or a total lack of maintenance can lead to mold growth. In such a case, the HOA has been negligent and may be liable for the damages and repairs.
Remember, though, that there is a difference between a duty to insure and a duty to repair. More often than not, associations ensure both the condos and the common elements in condominiums, which may cover the cost of remediation but not necessarily the cost of repairing any damages inside the owners' units.
Again, boards and owners should refer to the association's governing documents. They will generally find guidance there. If need be, a lawyer can interpret the governing documents and even state laws that deal with HOA mold problems.
Fixing the Problem with HOA Mold Remediation
Once the association discovers mold in its community, the first thing it must do is treat the mold. Mold may not be the most toxic substance, but it can still have adverse health effects. Calling a professional to treat the mold and prevent further growth is a good idea. Taking care of the HOA mold problem comes first — determining the liable party can come later.
How to Limit HOA Mold Problems and Liability
When it comes to mold, liability can follow. Homeowners associations should take the necessary measures to protect themselves from potential harm. They can do this by following the two steps below:
1. Regularly Inspect Buildings and Common Areas
First, homeowners and condo associations should include mold inspection in their maintenance charts. Associations must scope out common areas and buildings regularly to check for signs of water damage and mold. Catching mold early on will prevent it from spreading and growing out of control. Again, it is best to have a professional perform this task. Not everyone has the experience and expertise required for the job.
Remember that HOAs are responsible for maintaining the community, including common areas and buildings. The association could be liable if they fail to include this as part of the maintenance plan. By regularly inspecting common spaces and facilities, associations can limit liability due to negligence.
2. Update the Insurance Policy Annually
Next, it is critical to have insurance policies updated every year. Boards should make sure that their policy covers water damage and mold. Associations can significantly lessen liability related to HOA mold issues by ensuring it has proper coverage.
Additionally, boards should remind homeowners to keep their homeowners' insurance up-to-date. This way, owners can file a claim to cover the cost of repairs should water damage or mold occur. Remember that the association's insurance policy typically does not cover the cost of repairing damages to individual units or homes.
Contact Us
Mold is a serious issue that can grow into an uncontrollable mess. It is best to address an HOA mold problem early on. As for who is responsible, the answer is not always so clear-cut. The best recourse is to remedy the mold issue first and then look to the HOA's governing documents for guidance. In some places, state laws may come into play as well. When in doubt, consult a lawyer. Condominium Associates can help with that—contact us today!