Abusive HOA and Property Manager/MOLD

BOD has filed a lien for unpaid dues. The dues are unpaid from 2005 as a hardship letter was submitted and accepted. I am asthmatic, have severe allergies to dustmites, cockroaches and all grasses, and beginnings of COPD.There are improper repairs made to the crawlpace and subfloor of my unit which is also the crawlspace for the right side of the building and rotten subflooring underneath my unit. ( 10 units in the building , 5 on the left and 5 on the right, mine is on the ground floor directly over the crawlspace). Previous Improper repairs made by the previous management company left holes in the cold air return chamber allowing everything in the air of the crawlspace to be pulled up into my cold air return, through out the heat and air system ductwork and distributed through my unit. I have had an air quality test done and it shows irritants to my compromised respiratory system. The BOD and Management Company have made promise after promise to make repairs, they have removed all insulation underneath the unit ( had 3+ inches of mold on it) and replaced with new, (Feb 2006) the mold is now back underneath the unit. They had even offered to buy me out but never followed through on that either. The BOD has told me to sell and move and to not tell anyone about the mold. The longer this has gone on, the worse it gets. I can't live here anylonger and They are now trying to foreclose on my unit, I desperately need help!

Did your hardship letter specifically forgive the entire amount or were you still responsible for repayment? Unless you were specifically forgiven, you're still liable for all year to date 2007 due, regardless of the living conditions in your unit. If you own your property free and clear, yes, they may be able to foreclose for the arrearage...you'd need to check your by-laws very carefully. If you have financing currently in place, they probably can't foreclose due simply to the first lien position of your current mortgage.

If you haven't resolved the mold issue with your association, you can contact your local building department for possible recourse. Mold is considered a potentially hazardous condition, much like lead-based paint, and typically not tolerated by any city or county building department. If you can't get the association to resolve this condition once and for all, you may try calling there for help.

Lastly, a note of caution here: do yourself a favor and research your state's real estate laws. Most states require sellers clearly disclose a pre-existing condition at the time a property is listed for sale (called a 'seller's disclosure,' 'property disclosure,' or the like. If you DON'T disclose something as potentially hazardous as mold when you go to sell your condo, you'll probably open yourself to fairly significant litigation. You simply can't "neglect to mention it." On the other hand, depending on how long ago you purchased the unit, if that condition wasn't disclosed to you as the buyer, again you may have recourse with the prior sellers. A real estate attorney in your area can advise you of that one.

Hope this helps. Good luck.