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Virginia in Hendersonville, N.C.

My home is in a condominium complex of 22 units, my unit is a ground floor unit which has had large amounts of moisture in the basement to the point of causing buckling of the oak flooring in the living room area. Large splotches of black mold have appeared on the walls and interior divider of basement, which is caused by a blocked drainage pipe from the gutter downspout.

This HOA is governed by a board of 5 individuals who choose to spend the HOA money on themselves (their own buildings and grounds) and have seriously neglected this condition in my basement which affects my home. Now I’ve learned that a “cleanup” which was completed last September was only a partial cleanup, which was the cheapest way out.

Now I learn there is black mold in the crawl space of which there has been knowledge by at least one or more board members for 3 years, I have hired a personal injury attorney to sue for remediation of all mold and damages to re-imburse for health issues including COPD, nosebleeds, and extreme fatigue. I will keep you advised.

Questions:

Could this case be based on intentional and malicious neglect? There are other issues here at my condo association which have illustrated a complete disregard to any unit owner not within “the charmed circle” who suffer other abuse, including discrimination, favoritism, neglect of buildings and grounds, etc. is there any legal remedy for such actions as this?

Catherine in Wilmington, North Carolina

We just moved into a place about 4 months ago. The house is very old and the owners don’t really put the money into it to fix it they just take the easy road out for the most part, i.e.:instead of replacing siding for insulation, they completely sealed every window in the house so we cannot open any. Anyway, my roommate and I had been feeling symptoms of severe allergies right around the same time, and I have never been a sufferer of sever allergies. A number of co-workers had mold problems before so they told me to do a do-it-yourself test kit. So we did an open air test, it came back absolutly covered in white and black mold spots. We really just want to move, get our deposit back and have them take care of it. However, they are claiming that all BLACK mold isnt bad, and that this mold – which u can see coming through the shower walls was not there when we moved in because he cleaned it real well and there wasnt any mold there.

Questions:

My question is that black mold cannot develop over 4 months can it? It would most likely have been there before we moved in right? And he claims that he will come and do a thorough cleaning, even though we do that, and remove it from the wall. but that won’t change anything, correct? u cannot jus clean it off right? I am 25 years old, and I wait tables, I am not tryin to get over on anyone or get out of paying rent or anythig. I do not have the money to just move and let them keep my deposit, so I am just making sure we have a case