Legal Question in Real Estate Law in California
hello experts, if a homeowner owing a condo allowed to file suit against the complex and another separate suit against the property mgt. co. this involves black mold neglect for over 7 months that is the full and direct responsibilty of the HOA as clearly outlined in the cc&r's and by/laws. the facts of this nightmare borders on the unbeliveable...i am also seeking a continecy attorney...thanking you in advance
1 Answer from Attorneys
Let me give you a few tips.
First, a few years ago there was a pretty substantial cottage industry within the law profession in seeking out "toxic mold" cases and prosecuting them. This activity seems to be quieting down, but I'm sure there still are lawyers specializing in "toxic mold" and you may find one who'll sue on a contingency basis.
Next, I have heard (but do not know) that a high percentage of instances of moisture-induced mold involve harmless species such as common mildew and thus there is little or no basis for a high-dollar award in court. It is just a matter of finding the source of the moisture and sealing it. Your case might be different.
For the above reason, you should probably have an expert (mycologist) identify the species and, if you are claiming health issues, know what a medical specialist would testify for you, and/or for the defendants, when called.
Finally, although you could certainly sue both the complex and the property management firm, you would (a) need some basis for alleging each is liable in some way, in order to avoid the suit being held groundless, and (b) want to name each as a defendant in the same suit rather than file separate suits.