HONOLULU -- A circuit court jury has awarded nearly $470,000 to an Oahu woman who sued her condominium association over a mold and mildew problem inside her unit.
An attorney for plaintiff Grace Cloherty, of Kaneohe, said it may be the first jury award in a mold case to a homeowner in Hawaii.
Circuit Judge Sabrina McKenna also ordered the association at Puu Alii condominiums to pay for the necessary repairs, and pay Cloherty $2,000 a month to live elsewhere while her condo is being repaired.
The association must also pay about $103,000 to cover legal fees.
Cloherty reported suffering respiratory problems, lack of sleep and emotional distress due to the increased mold and mildew in her unit. She even threw away some of her personal items that had become infested with mold or mildew and vacated the lower floor of her condo.
Judge McKenna said the condo association wrongly failed by refusing to perform repairs and denying its duty to fix its common elements.
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