We bought a condo in Texas and moved into our condo last week. We accidentally busted a sprinkler pipe (our insurance covering it) & the restoration people had to open the wall where this happened to dry it out, upon doing so, they found black mold on the wall by the bottom right side of the patio door. They said this has been moldy a very long time. Since this is the same wall that is an exterior wall, we are wondering if the HOA is at fault. It seems that either a. the patio door is not properly sealed or b. since there is no gutter system outside our patio, there is no way to deflect the water correctly when it rains and in result it runs down the exterior wall and some how gets in our wall. In addition, we are on the top level. The people below us have the mold same spot too
Your answer is going to be covered by your condominium's documents, but from what you have said, you may have a hard time holding the association, or possibly anyone, responsible for the mold. In most cases, even if the association is responsible for the exterior walls, until there is some reason for them to be aware of a problem, they may not be responsible for damage from before they were aware. If the mold is inside the boundaries of your unit, the Association may have responsibility to stop the water that is feeding the mold, but you may then have responsibility for takikng care of the mold. If the mold is outside of the unit boundaries, something that will be defined by your documents and the state law, the Association may have the responsibility for taking care of the mold.
The bottom line answer really can't be given unitl someone reviews your documents, your state law, and the actual location of the mold. If you are talking about a significant financial cost to take care of the problem, you would be well served to have an attorney review all the facts and advise you on who has what responsibility in your case.
This answer is for general purposes only, and it does not create an attorney-client relationship.
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