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Condominium group settles mold lawsuit
HOMEOWNERS ASSOCIATION: Failure to solve drainage problem proves penny wise pound foolish.
The owners of a moldy condominium in Thousand Oaks settled for $350,000 with her homeowners association, which she said caused the problem by failing to adequately maintain the complex.
Janet Hickenbottom, who is allergic to mold, said the Racquet Club Villa Homeowners' Association failed to correct the problem when she complained that inadequate drainage in common areas behind her condominium made water flow under her home and mold grow in her crawl spaces and wall, said her attorney.
So she sued the association in 1998. The case, settled Friday, was scheduled for trial June 7.
"A couple of members of the board felt like they could stonewall me. they were mistakenly trying to save money for the association, but the association has the duty to protect owners from the kind of damage that I suffered," said Hickenbottom, who moved out of the condo because of the mold only a few months after she bought it in 1995.
The attorney for the homeowners' association declined to comment on the case.
Hickenbottom's attorney, Alex Robertson in Woodland Hills, said the case could have brought up to $775,000.
Though the black slimy mold was never visible except in the basement, the air conditioning unit under her home transported mold spores throughout the three stories of her home, Hickenbottom said. The mold aggravated her Meniere's disease, a disorder of the inner ear that causes dizziness and nausea, she said.
Hickebottom moved out of her house to avoid the mold and had been living in an apartment for the last three years. She plans to eventually sell the unit.
"It's not an easy job, but volunteer board members need to be aware that they must learn about their duties and learn how to respond to these issues in a timely manner." she said.
The money she is receiving will cover her medical expenses and some repairs to her home., she said.