WHEN IS IT JUST MOLD AND WHEN IS IT SOMETHING ELSE?

Guest Article by:


Felix Martin, P.E., Principal
Marcon Forensics
Orlando, FL

While inspecting the interior of a residential unit, you observe black mold growing on the walls. Is it a sign of poor housekeeping or of more serious problems? Should you consider vacating the unit immediately or ignore it altogether?

Mold infestation is a widely misunderstood malaise, both in terms of overestimating and underestimating its potential danger. Because of this, it is important once mold is encountered to properly assess its source and the remedial action to be taken.

What we know as mold, fungus and mildew are generally the same thing. It is nearly impossible to completely remove molds from the environment. Molds reproduce through microscopic spores that exist in the air around us. At low concentrations, mold and mold spores are not harmful to animals, but molds release allergens and at higher concentrations can produce allergic reactions that may vary greatly from person to person. Generally, young children, the elderly and people with respiratory problems should avoid touching mold or inhaling higher concentrations of mold spores.

When relatively mild, mold infestation may be cleaned with a solution of house chloride mixed with water. Excessive infestation may require removal by mold removal specialists. However, mold removal may be just treatment of the symptom and not a complete solution. Cleaning visible mold may not address the causes for the mold to exist and may prove a short-sighted and expensive misguided solution. 

For mold growth to occur, two things are needed: moisture and an organic food source. Mold growth on an interior wall generally uses the paper cover on the wall drywall as the organic food source. In a typically well conditioned interior air space, there is insufficient air moisture to encourage mold growth. Visible mold growth is a sign of excess moisture. If the source of excess moisture is not removed, simply cleaning the mold will not prevent its return. 

Sources of excess moisture vary. If mold growth is observed at the ceilings or near air conditioning air vents, the cause of the excess moisture may be the mechanical system. Perhaps the air conditioning system is not removing excess moisture or is not running correctly, or the clothes dryer is not properly exhausting moisture. 

Where mold is observed on wall areas near the bottom of exterior wall windows and doors, the excess moisture may be originating from rainwater leaking around the windows into the wall cavity. This is a much more troublesome problem in that if left unaddressed, may cause rotting of structural members inside the wall cavity, requiring extensive and expensive repairs.

If mold exists, it may be insufficient to call a mold removal company, as they generally treat the symptoms and not the disease. Particularly in cases where wall or ceiling mold has been removed and returned, it is important to contact a forensics firm to determine the source of the excess moisture. Only then can potential sources for the excess moisture required for mold growth be identified and an adequate remediation plan put in place.

Is there a "best suited" law firm for Developer Turnover Transition to Homeowners?

HIRING TWO LAW FIRMS

 

Every condominium association should have a general counsel under retainer to advise on day-to-day operations and ongoing legal issues.  During the transition period, general counsel can be of great assistance to a new Board in getting acclimated to the varied requirements:

 

‚    Documents

‚    State Statutes

‚    State Administrative Rules & Regulations

‚    Common Law (court-created law) Governing Condominium Operations

 

The transition period is also the time for the construction quality of the building and improvements to be evaluated and for Association financial operation during the period of developer control to be scrutinized.  The type of law firm best suited to assist in the evaluation and to negotiate a resolution of possible claims is a trial firm experienced in negotiating and litigating condominium construction and accounting claims.

 

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Court Ruling Favors Victims of Bank Scam - Victory by Levin Tannenbaum

Levin Tannenbaum Litigation Team Wins Court Victory for Victims of Mortgage-Banking FraudCourt ruling favors victims of bank scam
By John Hielscher
Published Sarasota Herald-Tribune: Tuesday, July 21, 2009 at 1:00 a.m.

It took nearly six months, but a federal appeals court has denied motions to reconsider its decision that awarded victim status to hundreds of Coast Bank loan customers.  Those Coast borrowers are now closer to sharing in restitution that will be paid by former Coast banker Philip W. Coon and his co-conspirator loan skimming.

The court's ruling also should help clear the way to imprison Coon, who pleaded guilty to federal charges in November.  Sarasota attorney Alan Tannenbaum, who represents 156 Coast customers, said Monday he was happy to finally get the ruling.

"We hope for a speedy path to having the restitution claims completed, so that the borrowers who have lived with this thing for years can put this behind them," Tannenbaum said.

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Clients with Chinese Drywall Issues

Sarasota Herald-Tribune Article on several of Levin Tannenbaum Clients with Chinese Drywall Issues - for homeowners dealing with Chinese-made drywall, the concerns grow more urgent with the arrival of a new child.

www.heraldtribune.com/apps/pbcs.dll/article

 

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What You Need To Know About Short Sales, 6/17/09 at SAR Headquarters

Cancellation of Debt - 1099-C:  Short Sale on Property

 1099 A and 1099C: Do you know what it means? Do you know the impact on the sale of your property?

What do you know about the 1099-C form, and Cancellation  of Debt? Find out at a special seminar set for Wednesday, June 17th from 9 to 11 a.m. at SAR.  The event is presented by the Realtor-Attorney Committee, a joint committee of SAR and the Sarasota County Bar Association.
 
Hear from Jerry Levin, Esquire from Levin Tannenbaum, Renea  Glendinning, CPA from Kerkering Barberio, and other attorneys regarding this important topic.
 
The cost is $10 for SAR members and $20 for non-members. Register online by visiting the  Sarasota Association of Realtors.

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America's Premier Lawyers Series: ABC Radio with Alan Tannenbaum

Alan Tannenbaum was recently a guest speaker on America's Premier Lawyers Series on ABC RADIO, along with Jeff Raizner, of Doyler Raizner LLP. 

You can "LISTEN IN" to our interview by following this link to their website:  "Americas Premier Lawyer Series - Top Verdicts"
 

So you think you have Chinese Drywall, what next?

THE CASE OF THE SMELLY DRYWALL - "CHINESE DRYWALL"

We have been visited by several prospective clients concerning drywall in their home that is causing bad odors, has damaged copper air-conditioning and electrical components and may be making their family members ill.

We represent one of the affected Lennar owners and they are working things out with Lennar. Lennar is gutting their house, repairing all damaged electrical and air-conditioning components and putting it all back together.

Lawyer Challenges How Builders Are Handling Chinese Drywall

Is Chinese Class Action Suit The Best Way To Go, No, Says Sarasota Construction Lawyer, Alan Tannenbaum

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U.S. Agency Sets Inquiry - Chinese Drywall

U.S. agency sets drywall inquiry

Sarasota Lawyer Questions Drywall Safety and Process to Replace

Investigators to determine if Chinese material poses safety risk  by  AARON KESSLER, Staff Writer:  comments by Alan E. Tannenbaum

Federal investigators with the Consumer Product Safety Commission are now on the ground in Florida, the first step in a more intense probe into contaminated Chinese drywall.

The commission has been in discussions since January with officials in Florida, as well as the U.S. Environmental Protection Agency. But the launch of a formal compliance investigation now brings the full power of the federal government to bear on the problem for the first time.

"We are stepping up the analysis to more comprehensively look into this," said Joe Martyak, a commission spokesman. "The important thing now is to get the facts."

 

 

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Chinese Drywall Class Action Is Not The Way To Go

"A lot of the builders involved have been reluctant to do anything at all, with the exception of Lennar," Chaikin said. "They have just said, 'We're studying the issue and will let you know,' or they simply say nothing. If the builders won't cooperate we have recourse against them."

Besides Lennar, other builders that used Chinese drywall include Taylor Morrison, WCI, Meritage, Ryland, Standard Pacific, and Aubuchon, Chaikin said.

Lee County's Aubuchon Homes -- owned by State Rep. Gary Aubuchon, R-Cape Coral -- used Chinese drywall in the North Fort Myers house of Florida Lt. Gov. Jeff Kottkamp.

But not everyone is convinced class action is the way to go, including Sarasota attorney Alan Tannenbaum, who specializes in construction law.

"It puts everybody in a defensive posture, and you could be talking about a multi-year battle now, where, in the end, the individual owner might not really get that much compensation," he said. "The question should be, how do I ensure I get my house fixed correctly?"

A single homeowner trying to take on a builder alone also stands little chance of making progress, but there are other choices, Tannenbaum said. One of the best things homeowners can do is involve their lenders, who have a strong financial incentive to get the situation resolved, he said.

"Once you get your lender on board, and as a group when the neighborhood gets all of its lenders involved, suddenly the owners have more power," Tannenbaum said. "Most builders cannot do business without the banks, and therefore when the lenders talk, they listen."

Lenders also can defer mortgage payments, which can solve the most immediate problem facing some Chinese drywall victims: getting out of a defective home.

"They're desperate, because the smell is awful, they're maybe feeling sick all the time, the house is corroding," Tannenbaum said. "If they could afford to, they would be out of there in a second. But they can't afford to pay their mortgage and then rent."  

Defending Victim Rights: Dispute Is Over Coast Verdict

Sarasota Herald Tribune, 1-27-2009  "Dispute Is Over Coast Verdict":  Alan Tannenbaum defending the rights of victims of financial fraud (article posted by Tricia M. Foster)

As part of the plea deal, the government agreed that Coast Bank, not the borrowers, was the single victim of the crime.

But Sarasota attorney Alan Tannenbaum, who represents more than 140 Coast loan customers, convinced the 11th U.S. Circuit Court of Appeals in December that the borrowers were victims under the federal Crime Victims Rights Act.

Federal prosecutors have filed a motion for a rehearing with the Atlanta court of appeals on the grounds that it had improperly characterized the borrowers as victims.

"The filing is notable if for no other reason than that it is the first time nationwide that federal prosecutors have joined forces with a criminal defendant to ask an appellate court to rehear a case in order to take away legally recognized rights of victims," Tannenbaum said Monday. "It is very inconvenient for the government to have victims of a crime at the table with the defendant."

www.flcommunityassociationlaw.com/uploads/file/00172774.pdf

www.heraldtribune.com/article/20090127/ARTICLE/901270335/2055/NEWS