Mold Suit Yields $470,000 Verdict

A woman who waged a four-year battle with her condominium association to remedy the cause of a mold and mildew problem in her unit was recently awarded $470,000 against the condominium association. The Plaintiff claimed that the Defendant was negligent for not responding to her concerns about problems with common-area elements including cracks in the concrete slab beneath her unit and a rain gutter system that caused water to pond in front of her condominium. The Plaintiff discovered moisture, mildew and mold problems and informed the condominium association. The condominium association hired consultants and investigated Plaintiff�s claim, but decided not to repair the slab cracks of the ponding problem. The Court held that the condominium association had a duty to repair the common elements including the slab under Plaintiff�s unit and the ponding problem caused by the rain gutter system. The condominium association also �wrongly failed and refused to perform and denied its duty to repair its common elements�, the court said.