Mold Resolution

Mold and related heath claims are a growing source of litigation by owners against their HOA.  While the HOA has certain responsibilities to remediate mold in the common elements or within units when the source of the problem came from the common elements, owners also have responsibility to inform the HOA when there is a mold problem or to remediate it when it originates from within the unit.  This resolution obligates both the Board and the owners and provides a reasonable basis for maintenance, remediation and defense against unwarranted mold based litigation against the HOA.

The resolution sample should be modified to conform with applicable state and federal statutes and governing documents.  Before implementation, it should be reviewed by an attorney specializing in homeowner association law in your state.
 

Nottacare Condominium
Administrative Resolution #___
Mold

The Board of Directors of Nottacare Condominium (the “Association”) hereby adopts the following administrative resolution pursuant to section_____ of the By-Laws.

WHEREAS, the Association’s unit owners have the responsibility to properly and consistently maintain their units to control and eliminate hazardous mold growth;

WHEREAS, the Board is concerned about the damage caused by water intrusion into units which results in mold growth hazardous to health;

WHEREAS, mold is detectable both by sight and smell and unit owners are best positioned to observe water intrusion and mold growth; and

WHEREAS, it is essential that the Board be able to respond promptly to water intrusion originating from the common area into a unit to repair damage and eliminate the resulting mold;

NOW, THEREFORE, BE IT RESOLVED:

1.         Each unit owner shall be responsible to maintain appropriate climate control, keep the unit reasonably clean and take necessary measures to remove visible moisture accumulation and mold from the unit windows and surfaces promptly.

2.         Each unit owner shall be responsible to not block or cover any unit heating, ventilation or air-conditioning ducts.

3.         Unit owners shall be responsible that all unit vents are working properly including those serving bathroom, kitchen, laundry and fireplace.

4.         Unit owners shall report immediately in writing to the Board:

(i) evidence of water intrusion or excessive moisture in the unit and/or common areas;

(ii) evidence of mold growth that cannot be removed with common household cleaner;  and

(iii) failure or malfunction in Association maintained heating, ventilation or air conditioning; and

(iv) malfunctioning, leaking or deficient common area doors or windows.

5.         Each unit owner shall be responsible for remediation of mold within their unit.

6.         Each unit owner shall be financially responsible for costs incurred by the Association to remove mold from the unit due to the unit owner’s failure to properly and promptly remediate the same.

7.         Each unit owner shall be responsible for injury to the unit owner and/or occupants resulting from the unit owner’s failure to comply with these terms. 

EXECUTED this ___ day of _______________, 201__.

________________________________
Board President - Nottacare Condominium