How can I remove mold if association refuses?

[moldycondo]

I have read postings that are very similar to my situation. Here is brief review of my case to be followed by several questions. I have engaged an attorney. However, attorneys cost are higher then repair cost to individual elements. So I have been trying to resolve this through other means.

A few months back the association was notified that water enters my unit every time it rains. The association has shown little diligence to resolve this matter. It was not until after I engaged an attorney to write a letter stating my intention(s) if repairs were not executed immediately. After many debates, the association stated it would fulfill its responsibility and hoped that I would reconsider a suit. I agreed to avoid taking legal actions, if they were to take immediate action. However, the truth in that decision was based solely on cost.

It seemed at that time the association would honor their words and repair the problem caused by a common element. Needless to say, it has been almost two months since the attorney’s letter and nothing has been accomplished. Water still enters my unit and only two contractors have been to the unit. However, I was given a repair date only to be cancel 24 hours prior to execution, because someone was vacationing. To date, I still have no repair date.

I then requested that the association remove all molded/damaged materials that are going to be completely replaced. I asked that they only be replaced after the water source has been repaired. They have rejected and said it would be removed when repairs take place. The association was informed that mold is a concern due to existing health problem and they will not allow me to have it removed. Instead, they choose to leave this hazard in my home for some unknown period of time.

My questions are as follows:

1) Since the association refused to remove molded/damaged materials from our unit in order to reduce mold growth, can I have them removed? (Everything we want removed is being replaced, as they are crumbling)

2) What actions can the association take against me for removing damaged/molded common elements from my home? (rotted wood & molded insulation)

3) Is there something we are missing in the by-laws? Is there a particular section we need to review? (I have reviewed most of the by-laws and there is nothing mentioned regarding this type of situation)

I know my next step will be to move forth with a suit. However, my immediate concern is to remove mold from my home, which has rendered one room inhabitable. In addition to affecting existing health problems in a child.

[moldycondo]

I have called the EPA and the Board of Health just like the other person posting a similar situation. The bottom line there are no laws. EPA cannot do anything. BOH stated they could come site the association, but imposing penalties was limited. He also stated the association would more then like seek those penalties back from me. Thats nuts!

However, none of this answers my questions in the original posting.

I need answers regarding my right to remove molded common elements. Please refer to the original questions.

Thanks

[HomeGuru]

Originally Posted by moldycondo

I have called the EPA and the Board of Health just like the other person posting a similar situation. The bottom line there are no laws. EPA cannot do anything. BOH stated they could come site the association, but imposing penalties was limited. He also stated the association would more then like seek those penalties back from me. Thats nuts!

However, none of this answers my questions in the original posting.

I need answers regarding my right to remove molded common elements. Please refer to the original questions.

Thanks

**A: then you are at the point where you need to hire your own personal real estate attorney that specializes in toxic mold litigation.

[moldycondo]

I completely understand that an attorney is required. However, I have explained that I cannot afford an attorney at this point in time.

All I need to know is if I can remove some molded common elements that are damaged and will be replaced by the association once repairs take place.

Since they do not know when repairs will take place and will not remove the mold right now ,can I remove the stuff myself legally? At some point I should be able to take these actions if the association is non-responsive to the health aspects of mold.

[HomeGuru]

Originally Posted by moldycondo

I completely understand that an attorney is required. However, I have explained that I cannot afford an attorney at this point in time.

**A: then find one that you can afford or go to Legal Aid or your local bar association for referals. You need legal advice to mitigate damages.
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All I need to know is if I can remove some molded common elements that are damaged and will be replaced by the association once repairs take place.

**A: this is a touchy situation since you aren ot allowed to remove or destroy common elements as the areas do not belong to you but are owner by the HOA.
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Since they do not know when repairs will take place and will not remove the mold right now ,can I remove the stuff myself legally? At some point I should be able to take these actions if the association is non-responsive to the health aspects of mold.

**A: you need to try harder.

[moldycondo]

Try Harder. Well forgive me I have tried harder. I have spoke to the EPA and the BOH has come to my home. EPA cannot do anything as there are no federal laws. The BOH is limited because there are no state laws to force them to remove the mold.

Again, can someone just answer the question? Can I remove the mold myself?

[HomeGuru]

Originally Posted by moldycondo

Try Harder. Well forgive me I have tried harder. I have spoke to the EPA and the BOH has come to my home. EPA cannot do anything as there are no federal laws. The BOH is limited because there are no state laws to force them to remove the mold.

Again, can someone just answer the question? Can I remove the mold myself?

**A: teh common elements belong to the HOA and not to you, therefore you cannot touch those areas. Hire an attorney already.