Legal Question in Real Estate Law in California

Who is the Responsible Party in Mold Testing?

My 3rd floor condo unit water-heater burst and flooded the 2nd floor. I do not have home-owners insurance other than the building insurance paid for through the HOA. I hired a water-damage company with dehumidifiers and industrial fans to come out the same day (within 6 to 8 hours of flooding). I paid $1720. They left the equipment for approx 5 days (thru the weekend which was 2 days more than necessary) and their tests for moisture came back negative. Now the Pres and Ex-Pres of the HOA are insistent upon mold testing, which will be a minimum $600. I do not feel it is necessary nor does the water damage company. Am I required to pay for the mold testing? What are my rights regarding this additional expenditure they are requiring? Thanks.


Asked on 11/14/05, 1:56 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Who is the Responsible Party in Mold Testing?

You can deny the mold testing and wait for the HOA to have their own expert test and perhaps bill you for it. Then deny the bill based on the fact that the water remediation company said that mold testing was not necessary. Bear in mind, though, that mold issues have already exploded into a very big concern in California, so the HOA may have good grounds to test for mold just to be on the safe side. Good Luck.

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Answered on 11/14/05, 3:45 pm


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