Water Damage

What is the name of your state?undefinedNew York

Purchased a condo in November in affluent Westchester community. 10 days later there was a heavy rainstorm. Apparently, roof drains were plugged, causing water to accumulate on roof. Significant amounts of water found its way into my condo, damaging bedding, carpeting, sheetrock, and other items, and warped a large section of pergo floor. Condo board blames management company. Mgmt company says they will repair sheetrock and provide one coat of paint only. My insurance company says 'water damage caused by backup of drains is excluded' from coverage, as well as any damage caused by faulty maintenance.

So that means I have to foot the bill for saturated mattress/spring set (5 days old), carpeting, and pergo floor replacement?

Doesn't make sense to me. I don't have access to roof to inspect nor clean drains, but I'm the victim if management company is negligent?

I am concerned about damage behind sheetrock (mold and/or damaged insulation), but don't want to rip out walls and ceilings to find out.

What should I do? Pursuit through legal means may prove too expensive.

Thanks.

Well you and I are in the same boat. My situation developed 10 months after my purchase (Aug) and continues to this day.

Attorneys are costly. Our attorney has only provided us with a large bill and no results. My situation involves almost $20 in repairs not including attorneys fee. So consider small claims court for such a small amount of damage.

New York does not have mold laws to enforce. The EPA, State Health Department, and or your local Board of Health cannot force the C.A. to remedial work for mold. If mold is on the common elements and those elements are damaged to the point that replacement is required the C.A. would have to address the matter.

The facts about mold are as follows: repair the water source and the mold will die off. Although, mold spores will remain and can become active with excessive moisture. Just know that only the sheet rock belongs to you. Everything (structural) within that wall; studs, exterior wall, pipes,etc. belong to the C.A. and they will not want to clean mold due to health concerns. If it is something of great concern your better off doing the clean up yourself while your replacing the sheet rock. EPA has guidelines for clean up on their web site.

We (not our C.A.) addressed this issue, because the room belongs to two year old. We had air sampling completed and it indicated a high level of numerous molds. Based on the levels we were able to determine that there was a larger problem, leading to the discovery that the entire sub-floor structure was going to collapse (it did). Had we not completed the air test we would not have known to search for a larger problem. I only mention this, because you really do not know how many times your unit was affected by a clogged drain pipe. It's your call!

mold problem

I am not a lawyer nor an expert. I am a biologist that had a severe mold problem that lead to extreme health problems. These are my recommendations.

1.) Consult an attorney - suprisingly all lawyers must do some pro bono (free) work - many court houses have a night were you can meet with lawyers for free
2.) take pictures, video tape, and sampling - using a q-tip (out of a new box) swab all over moldy areas, even areas that are wet without visible mold. -this helps in litigation. Q-tip method identifies species if sent to a lab
3.) You should worry, my "luxury apartment" had a little water leak -a few drops - eventually mold grew threw the walls & it was all inside the walls.
4.)IN writing ask your HOA to do an air quality test by an IH & have it remediated my certified mold contrators.
5.) Have you been sick: colds, sinus infections...? Have it all documented by friends... & make sure you see a doc if your sick.
6.) http://books.nap.edu/books/0309091934/html/index.html
is the latest scientific evidence for damp indoor environments & illnesses. Chapter 5 is important. Make sure you HOA reads it.
7.) Contact media - sometimes they will do a story
8.) With water leaks there are many possible things that can make you sick: endotoxins, bacteria, mold, and mycotoxins. Google these with the word mold -interesting reading.
9.) EPA recommends anything that has mold should be cut out, not cleaned with bleech or fungicides.
10.) any questions - email
[email protected]