Mold - Protecting Against Liability
Hi Everyone,
I own a condo that I rent out. My tenant recently contacted me to say that he saw some water leaking from one of the ceilings of the condo. The floor above is part of the condo living area. I immediately called the home owners association and they got some plumbers out there. The plumbers have stopped the leak, but it sounds like there has been some damage. The HOA has contacted the builder regarding repairs.
Here is the story:
The condo is about 3 years old. According to the plumber the leak was caused by a screw that was run through one of the copper pipes behind some drywall. The screw was used for the drywall. So this thing has been in the pipe since the condo was built. At some point the screw must have finally given way and water started leaking. According to the plumber the insulation was soaking, the subfloor, carpet, drywall, etc has been wet for more than 48 hours. Thus far there has been no indication of mold, but if the water has been there for more than 48 hours I want to make sure mold is prevented from occurring due to this event. The builder seems to be taking care of things. But I want to make sure I have all bases covered. The builder said there was no visible instance of mold and didn't feel it would be an issue. They are running heater fans now to dry things out. But the water had been there for more than 48 hours. He says that they will remove the effected drywall. He says the subflooring was originally made for exterior use, so he didn't feel that that would be an issue. He said that they will use some kind of disinfectant to clean and then will spray some kind of sealer on the effected areas.
I've tried to educate myself about mold a bit. What should I make sure they do and what kind of documentation should I get from them in order to protect myself ( in terms of liability, resale of condo, etc.)and my tenant (in terms of health..)?? I've heard there can be issues in the future with such things as: insurance, resale, a buyer getting a loan, etc.
Any and all insights would be greatly appreciated.
Thanks!
Dave
(I'll have limited internet access for the next few days, so if you'd be kind enough to also email your response to dantesdigest( at )yahoo.com I'd appreciate it.
p.s. Thanks to all the people who contribute to this forum. I discovered it not too long ago and am impressed with all the information and generosity.
If it were mine, I think I'd spring for a pro inspection by some licensed inspection service, in order to obtain their certificate of NO MOLD asap.
Why? Well, seeing the horrible lawsuits & claims of terrible illness and even death, attributed to BM, I'd want to do everything I could to build my defenses in case I"m later sued.
Further, I'd talk to my lawyer asap about whether to give the tenant & my insurance co. notice...I see reasons TO and also NOT TO, so would want a more objective opinion about this before deciding either way.
Hi John,
Thanks for the response!
I've talked to a couple of inspectors and am working it through.
Cheers,
Dave
why would you want an inspection now? I'd wait until it had time to grow enuff to find it. In a condo or PUD the HOA will be just as liable then as they are now
Well, ok, here's my take. Sounds like you're making a mountain out of a molehill. My goodness, so, you had a little water leak. The contractor's cleaned it up, dried it up, replaced drywall, what more do you want? Mold usually needs time to start growing, it don't just happen overnight, usually.
Your laible concious is right. And it's good you trust your instincts. While I'm not a pro I have created a strategy myself or hedging against future liability issues with my properties.
My suggestion would be as the previous gentlamn stated and get the certificate if in fact there is no mold. You might also consider...
* Doing light weight remediation now and getting the cert.
* Having your lawyer prepare a " Mold Disclosure" similiar to a lead paint disclosure to prove the tenant knew and accepted risks. And maybe have them sign off on any future litigation obviously if there truly is some risk.
Again I'm no expert but 2 parties so long as 1 is not an "idiots" can make whatever conditions/disclosures they mutually agree to.
Obviously see a pro just my 5 cents
Joel