In condominium and townhome communities mold presents a big problem. If left unabated and allowed to grow it can spread beyond a unit into the common elements and adjoining units. Many insurance companies are excluding mold from coverage. Therefore, with the likelihood that there will be no insurance available to cover mold remediation and damages, protecting your association is crucial. So, what can your association do?
We recommend that associations adopt a resolution that puts the burden on owners to take responsibility for controlling mold. By doing this, associations can shift the risk when an owner’s behavior causes or exasperates the mold and resulting damage. The resolution should require owners to report situations that can create the opportunity for mold to grow; require owners to properly maintain their units; and require owners to immediately remove all mold or accumulated moisture:
If you would like our assistance in preparing a mold resolution tailored to your community, please contact any O&H attorney.