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IreneC (North Carolina)
Posts: 111
Posted:
Advice here? We have our HOA atty working on this already but would love your independent opinion.

Our units are stacked literally the same layout with 3 floors.. Unit on 2nd floor notified us of a leak months ago from one of the common walls in her unit. Obviously the water leaked down the wall to the bottom unit giving the knowledge of gravity. Our plumber who is well used in this building made documented multiple attempts to enter this gals unit to assess for damages. It was noted as >10 attempts and pretty much met with resistance and homeowner not being available excuses and whatnots.

Guess what? 3 months later.. we got a call from an outside mold inspector who claims now due to this leak that occurred 3 or so months ago that this homeowner is going to be seeking legal action in a suit and will be asking for monies for damages..

NO KIDDING

PS the HO is question is never seen, keeps clutter on her outside balcony and has been the reciepient of many correction letters due to her outside area being clutter with aquariums, plastic boxes and junk.. she appears to have a standard of cleanliness that is a bit lower than ours.
BrianB (California)
Posts: 2,820
Posted:
document everything, including all the attempts made to control/fix the issue.

hand it to your lawyer or insurance company when/if the lawsuit comes.

remember, people can talk about suing, but until they do, it's talk. just get prepared so you are ready.
GloriaM (North Carolina)
Posts: 829
Posted:
Irene:

Having managed many Hi-rises and experiencing the same type of situation, have your insurance and the HO who experienced the mold insurance subrogate after the "shut-in" HO insurance. Your documents should give the BOard access to units for such an emergency?
IreneC (North Carolina)
Posts: 111
Posted:
I do believe that the leak itself was immediately contained and repaired within a day of the noted leak. However.. we have documentation that supports many attempts to coordinate with the homeowner access to the unit which she would decline or have "nobody" home. We have documentation sent to her that shows statements informing her that her lack of coordination and access to her unit would be in her own best interests as though there was NO EMERGENCY>>> or visual damage according to her the threat of mold would be her liability if found after the fact due to her ignorance and inability to work with the HOA.

personally I think she is a crack smoker.. lol no kidding..

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