Mold-child is sick!!

[nusias9]

What is the name of your state?NJ

Help my condo was damaged by water some time back and our association is not taking action to remove molded material from our home. We at our expense tested the mold levels which are above outdoor levels. EPA states that mold should be equal to outdoor levels. But there are no state or federal laws to enforce this within individual residences.

We have been very understanding with the process to date, even after the scheduled repair to fix the water leak was cancelled after 17 weeks of dealing with this problem. To date there is no repair date and we can only assume it will take several more weeks or months.

We have a child within the unit whom has experienced sinus infections, breathing problems(asthma like), and skin rash(dermititis) problems. We have gone to a astham/allergy specialist and had several blood test conducted. There simply is no explanation as to her illness, and her lungs are clear. We, as parents, assume it is from the mold spores, as all of her symptoms are in line withthe EPA and health department mold exposure symptoms. The doctor has provided us with asthma medication as a back up in case the breathing issues worsen to a full blown asthma. Doctor is aware that mold is present, but because this is such a grey area he cannot place direct blame on the mold. However, he provided a written letter stating that she has allergy/respitary conditions which can be excellerated by the mold/contamination particles during repairs. We are to remove her from the home.

I have had the Board of Health here and he called it a health hazard, but cannot force the accociation to remove the material until after the leak is repaired. He said removal prior to repairs would be an association issue not a BOH issue. I understand that. However, the molded items must be removed regardless and we are not asking that new materials be replaced prior to leak being repaired. We simply want them out so our child will stop having these illness (two months now).

What are our rights? Can we remove these items due to health concerns and take the association to small claims court for compensation. They have refused in writing to remove these items, knowing our child is sick, until the leak is repaired and at unknown date. If we cannot remove items, as stated by the association, can we seek moving/rental expenses back from the association? We must remove our 2yr old child from this moldly house or she will continue to be sick.

Please give me viable legal advice. Thanks

[HomeGuru]

Originally Posted by nusias9

What is the name of your state?NJ

Help my condo was damaged by water some time back and our association is not taking action to remove molded material from our home. We at our expense tested the mold levels which are above outdoor levels. EPA states that mold should be equal to outdoor levels. But there are no state or federal laws to enforce this within individual residences.

We have been very understanding with the process to date, even after the scheduled repair to fix the water leak was cancelled after 17 weeks of dealing with this problem. To date there is no repair date and we can only assume it will take several more weeks or months.

We have a child within the unit whom has experienced sinus infections, breathing problems(asthma like), and skin rash(dermititis) problems. We have gone to a astham/allergy specialist and had several blood test conducted. There simply is no explanation as to her illness, and her lungs are clear. We, as parents, assume it is from the mold spores, as all of her symptoms are in line withthe EPA and health department mold exposure symptoms. The doctor has provided us with asthma medication as a back up in case the breathing issues worsen to a full blown asthma. Doctor is aware that mold is present, but because this is such a grey area he cannot place direct blame on the mold. However, he provided a written letter stating that she has allergy/respitary conditions which can be excellerated by the mold/contamination particles during repairs. We are to remove her from the home.

I have had the Board of Health here and he called it a health hazard, but cannot force the accociation to remove the material until after the leak is repaired. He said removal prior to repairs would be an association issue not a BOH issue. I understand that. However, the molded items must be removed regardless and we are not asking that new materials be replaced prior to leak being repaired. We simply want them out so our child will stop having these illness (two months now).

What are our rights? Can we remove these items due to health concerns and take the association to small claims court for compensation. They have refused in writing to remove these items, knowing our child is sick, until the leak is repaired and at unknown date. If we cannot remove items, as stated by the association, can we seek moving/rental expenses back from the association? We must remove our 2yr old child from this moldly house or she will continue to be sick.

Please give me viable legal advice. Thanks

**A: consult a real estate attorney that specializes in toxic mold litigation. What did your homeowner's insurance people tell you when you filed a claim?

[nusias9]

insurance claim was denied as it is a common element containing the mold. In addition, water entering unit is ground water which is not covered in our policy nor the C.A. policy.

This has been going on since Aug 2004. My boyfriend has a real estate attorney. However, I will retain a mold attorney to at least write a letter of intent.

I just want to mold gone. If the mold is gone my child will not have problems.

[moldycondo]

Hi,

It seems as though we are having similar problems?

Have you any new information that might help my situation, I have a child under asthma watch?

Thanks

[HomeGuru]

Originally Posted by moldycondo

Hi,

It seems as though we are having similar problems?

Have you any new information that might help my situation, I have a child under asthma watch?

Thanks

**A: contact EPA and your state Department of Health.