This is not another bad Hollywood sequel, but a living organism that silently injures, or even kills unsuspecting victims in their homes. Twenty percent of all Americans were victims of this invisible invader last year: toxic fungus.
Mold, mildew and other types of fungus spores are everywhere. That's what Lysol's for, right? Not so fast. While we can see mold on bread, and mildew in the shower, (two common types of fungus), in other places, like inside walls and HVAC systems, under carpets and leaking pipes, fungus proliferates in volumes large enough to pose potentially serious health threats to homeowners and common area users.
From wood rot to Legionnaire's disease, fungus could have a real and serious impact on the health of those community associations and their members, whose common areas contain large fungus colonies. To reproduce, fungus emits small particles, or spores. It is the airborne spores which emanate from these colonies which may lodge in the lungs or pores of homeowners, causing (sometimes serious) illness.
All fungi can cause allergic respiratory illness. Homeowners may complain of severe headache, respiratory problems such as asthma, allergy-type symptoms, fatigue, memory loss, loss of concentration, mental fog or insomnia, or more serious complaints. If such complaints are common among homeowners, proper response by the associations' boards of directors is essential.
Last year, one association's failure to appreciate the condominium complex's fungus problem led to its liability for damages to a homeowner for injury to the homewner's health. (Berry et al. v. Mission Terrace Homeowners Assn., et al.).
The Berrys and two other families, living in the Mission Terrace Condominium complex in Fremont, California, alleged the Homeowners' Association negligently maintained sewer and vent pipes. They also alleged the leaky pipes were defectively constructed by Castle Construction.
Over a period of 5 years, there were over 100 breaks and leaks in the sewer pipes, causing sewage to seep into the crawl spaces below the condominiums. The leakage caused a large buildup of toxic molds and other fungi, including the extremely toxic Stachybotrys chartarum, in the crawl spaces and pipes.
The builder paid the three defendant families $500,000, and the association paid $45,000, for plaintiffs' complaints of depression, anxiety, emotional distress, as well as a wide variety of physical complaints, such as vomiting, diarrhea, respiratory tract infections, headaches, insomnia, mental fog, lethargy, etc., to name a few. Sound familiar?
If water is present, fungus can live and grow on almost anything used in the construction of a home, from carpet padding to wall board. Most common construction defects are associated with water intrusion. Therefore, associations confronted with homeowner complaints of persistent mold or mildew, or the physical complaints associated with allergic or more serious reactions to toxic fungi, should take these complaints seriously.
Associations faced with construction defects should be particularly sensitive to toxic fungus issues. Since most serious defects involve water intrusion, (through leaking roofs, defective windows, etc.), the potential for harmful amounts of fungus is obviously higher than average.
Environmental health assessment is becoming big business. If fungus is suspected, be sure that you get good professional advice and assistance. While simple cases of fungus growth might require only bleach or other anti-fungal chemicals, improper cleanup of more serious conditions could expose homeowners to toxic clouds of fungus spores, making things worse, not better, and exposing homeowners associations to legal liability as well.
Testing for toxic fungus involves air sampling to identify and quantify airborne contaminants. Remediation may require removal of surfaces to which these contaminants adhere. Removal of wallboard, carpeting, insulation, etc must be done by professionals who are qualified to handle biohazardous materials.
In conjunction with boards' responsibilities to oversee the safety and maintenance of common areas, they also have the tool, standing to bring suit, against developers and builders who create conditions which foster the proliferation of harmful fungus in dangerous amounts. Concerned boards should consult legal counsel who can advise the best approach to issues such as remediation and legal actions, should that become necessary.