Water damage + mold growth = lawsuit for damages.  Condominiums and cooperatives have to deal with water damage all the time.  When it happens, even when action is taken immediately to mediate, there may be mold growth that will eventually rear its ugly head.  Where there is mold, you’ll probably find a plaintiff and an tort attorney looking for money.

Knowing this, it is important to prepare to have to defend the association. If an insurance adjuster is involved, they’ll probably be lot’s of information gathered and pictures taken.  The association is best advised to document what is happening and have its own record. 

Once you know a lawsuit is coming, retaining an expert is critical at the earliest juncture to sustain and defense and extricate the association from the lawsuit as soon as possible.  If defense counsel is not recommending an expert early on, bring the request to counsel’s attention.

The Board of Managers of Forestal Condominium retained a clinical neuropsychologist expert but failed to retain an expert to address the complainant’s symptoms other than neurological ones.  For example, plaintiff complained that the presence of T-2 Toxin Trichothecene caused plaintiff injury.  The Court explained that if the condo had presented the right expert testimony on the motion, the condo might have been out on summary judgment. Because the condo didn’t have an expert teed up and ready to testify, the condo is now stuck in the lawsuit through trial.  

Click here to read the recent Davydov v. Board of Managers of Forestal Condominium decision.