An HOA mold problem is often a point of contention since there is usually a debate on which party is liable for it. Does it fall under the association's responsibility, or should the homeowner answer to the charges?
Who is Responsible for an HOA Mold Problem?
Mold is a problem commonly encountered in buildings and homes. It can go unnoticed for many years, though telltale signs usually come from sight and smell. In homeowners associations, mold can be a problem, too. It can even snowball into chaos, ending with an HOA mold lawsuit.
Though mold can occur in any association, it is usually a more complex problem in communities with shared or common elements, such as condominiums, because mold can spread quickly across units.
In contrast, in single-family communities, there is typically a clear line between the association's and the homeowner's responsibilities. It is generally easier to determine who should be liable for the mold problem in these communities.
Because the lines with mold are often blurred, owners can sometimes enter disputes with their associations. Owners might argue that the association should cover the cost of the damages and repairs, even though it is not always the HOA's fault, which sows discord among community members and leads to further disputes.
Identifying the Liable Party in the HOA
Most experts agree that the association becomes liable for HOA mold damage if it originated from a common area, similar to other community association maintenance issues. Common areas typically fall under the jurisdiction of the HOA, whereas individual owners are responsible for their homes.
Not all homeowners associations have the same bylaws and rules that govern the community. It is essential to check the association's governing documents to see where maintenance responsibilities lie. Even then, though, it can be on a case-to-case basis.
Many associations also follow the origin rule. If a homeowner leaves their water running, which results in mold and then spreads to common areas, the owner is at fault. In that case, even though the common area is affected, the owner may be liable for damages and repairs. On the other hand, the HOA may be responsible if the situation is the other way around.
Negligence is an Issue Too
It is generally the homeowners association's responsibility to maintain the common areas, but insufficient or a total lack of maintenance can lead to mold growth. In such a case, the HOA has been negligent and may be liable for the damages and repairs.
Remember, though, that there is a difference between a duty to insure and a duty to repair. More often than not, associations ensure both the condos and the common elements in condominiums, which may cover the cost of remediation but not necessarily the cost of repairing any damages inside the owners' units.
Again, boards and owners should refer to the association's governing documents. They will generally find guidance there. If need be, a lawyer can interpret the governing documents and even state laws that deal with HOA mold problems.
