Who is Liable for Toxic Mold Damages?
Homeowners Association: The owners of townhouses or condos will usually have CC & R’s that provide that the HOA is in charge of the maintenance, repair, and care of roofs, external walls, and common areas, such as walkways. If the HOA neglects to fix a source of water intrusion, it can be held liable for your injuries, relocation expenses, and emotional trauma. Landlords: Landlords are responsible for repairing the source of water intrusion that is helping the mold grow. If you are a renter that has found mold and your landlord is ignoring the problem and you get sick because of the mold, you may be able to hold the landlord liable for your physical injuries, emotional trauma, relocation costs, and rent abatement (refund on past rent). Home Sellers: If you buy a house and you find hidden mold that the seller very likely knew about but did not reveal during escrow, the seller, the seller’s broker, and the seller’s agent may be liable for your injuries, relocation expenses, and emotional
