Who Is Responsible for Mold Remediation in a Condo Sale?

Question from Rguy, Who Is Responsible for Mold Remediation in a Condo Sale?

Answer from AI:

Discovering mold during a home inspection can be a stressful experience, especially when you’re in the process of selling your property. In the scenario where mold is found in the attic of a condo due to improper ventilation, determining responsibility for remediation and ensuring the issue is resolved quickly to avoid losing the sale can be complex. This situation involves understanding the roles and responsibilities of the condo association, the homeowner, and potential legal implications.

Understanding Responsibility

In most jurisdictions within the USA, the responsibility for repairs and maintenance in condominiums can be divided between the condo association and the individual unit owners. This division is typically outlined in the condo association’s bylaws and the declaration of condominium.

• Condo Association’s Responsibility: Generally, the condo association is responsible for maintaining, repairing, or replacing common elements. If the roof and attic ventilation are considered common elements, the association might be responsible for the mold remediation and installation of the necessary roof vents.
• Homeowner’s Responsibility: Homeowners are usually responsible for the interior of their units. However, since the mold issue stems from a problem with the common elements (roof/ventilation), this situation might be an exception.

Steps to Take

1. Review Condo Documents: Start by reviewing your condo association’s bylaws and the declaration of condominium to understand the specific responsibilities regarding maintenance and repairs of common elements versus individual units.
2. Contact the Condo Association: Report the issue to your condo association or property management company. Provide them with the inspection report and any other relevant documentation.
3. Request Action: Ask the condo association to address the mold issue and the lack of proper ventilation in the attic. It’s important to do this in writing and request a timely response.
4. Legal Consultation: If the condo association disputes their responsibility or is unresponsive, it might be necessary to consult with a legal professional who specializes in real estate or condo association law. They can provide advice based on your specific situation and local laws.
5. Negotiate with the Buyer: Keep the buyer informed about the steps you are taking to resolve the issue. In some cases, buyers might be willing to proceed with the purchase if a plan for remediation is in place.

Legal Considerations

The legal framework governing condo associations and homeowner responsibilities can vary significantly from one jurisdiction to another. In some cases, state laws or court decisions may influence how responsibilities are allocated and disputes resolved. For example, some states have specific mold remediation guidelines that might impact who is responsible for addressing the issue.

When to Seek Legal Advice

It’s crucial to seek legal advice if:

• The condo association denies responsibility for the mold remediation.
• You are unsure about the interpretation of your condo documents.
• The buyer threatens to back out of the sale due to the unresolved mold issue.

Remember, each situation is unique, and laws vary by state. Consulting with a legal professional can provide clarity and help ensure that the issue is resolved in compliance with local regulations and in a manner that preserves the sale of your condo.

For more information on mold and health, you can visit the Centers for Disease Control and Prevention (CDC) mold page.

In conclusion, addressing mold found during a condo sale requires a clear understanding of the responsibilities as outlined in your condo association’s documents, prompt communication with the association, and possibly legal consultation. Taking decisive steps to resolve the issue can help maintain the sale and ensure the health and safety of all parties involved.