When you live in a home or condo with a homeowner’s association, the HOA is generally responsible for maintaining shared spaces. If your residence is a condo or a townhouse, the HOA may also have an obligation to maintain the roof and other exterior areas.
Unfortunately, this can create complications in situations where a problem arises in a building or unit that results in mold. Specifically, questions can arise about whether the HOA is responsible if you become sick due to the mold or whether you are responsible.
Attorney Matthew de Lira can help you when you find yourself facing these questions. Our legal team has extensive experience representing people suffering from mold-related illnesses who were exposed due to the negligence of others. We’ll work with you to identify the cause of the mold, as well as to prove why the HOA should be liable for your losses in appropriate circumstances.
To find out more about how our North County mold exposure lawyers can help you, give us a call or contact us online today to schedule your free consultation.
When is an HOA responsible for mold exposure?
An HOA may be legally responsible for mold exposure if:
- The mold is located in common areas of a shared building or community spaces. Examples include when mold is found in foundations, lobbies, hallways, communal swimming pool areas, and building roofs.
- The mold is present because of issues with shared infrastructure. If leaking pipes inside shared walls cause moisture problems that lead to mold, this is generally the HOA’s responsibility.
- The HOA is negligent in remediating water damage or mold. If the HOA is informed of a problem, such as a leaking roof when it is responsible for repairs, it can be held responsible for resulting mold if it fails to act.
In these and other situations, if the HOA creates the conditions that result in mold, the HOA can likely be held accountable for its formation and for the damage that it causes to your health.
When are homeowners responsible for mold?
Homeowners may also be responsible for mold in certain situations. This could include:
- When mold forms because of deferred interior maintenance
- If a homeowner is negligent in reporting a water issue or the presence of mold
What to do when an HOA is responsible for mold exposure
If an HOA is responsible for exposing you to mold, you may be able to pursue a claim for damages. Some of the steps you may wish to take include:
- Document all of your communications with the HOA about water issues or mold problems
- See a doctor to make sure your mold-related illness diagnoses have been properly diagnosed, so you can show the extent of your damage
- Having a mold expert come into the space to gather mold spores, identify the type of mold, and clarify the extent of the problem
You should also work with an experienced personal injury attorney who can help you navigate the claims process, understand your rights, and build the strongest case possible.
Contact a San Diego mold exposure attorney today
Matthew De Lira APC represents those who have been exposed to mold as a result of the negligence or wrongdoing of others. Our firm is committed to helping you get justice when your living space makes you sick, so give us a call today at (858) 703-7048 to schedule your free consultation and learn how we can fight for you.