HOA Negligence – Please Read?

On 10/30/09 I purchased a condo, approximately one week later I noticed an extremely strong musty odor from the crawl space and I started to get extremely light headed almost to the point where I could barely stand on my own two feet and I started to itch. After crawling around on the south end of the crawl space noticed 2" from the foundation was extremely wet so I called the HOA. They sent over a maintenance man who in turn called a mold remediator.

5 minutes in the crawl space the mold remediater said the cast iron water drain from the kitchen sink was rotted through and the crawl space had 30% mold. The following day the pipe was replaced and the remediated for mold so I moved back in thinking the problem was taken care of, 2 days later the maintenance man from started putting a vapor barrier in the same part of the of the crawl space that had the broken pipe but stopped beings it was quitting time.

The following day I started getting dizzy again so I went down into the crawl space for the second time but this time started to investigate the north end of the crawl space and came across even more water so I crawled around the entire perimeter to make sure it was caused from the pipe that was just repaired and just as I thought it wasn’t.

I called the maintenance man again, at first he said it was from ground water but after digging around he came to the conclusion that the water was coming from a sewage pipe on the other side of the foundation. The HOA immediately called a plumber and they started digging within 2 days of being called, once they removed the corroded sewage pipe that was coming from the next door neighbors toilet and shower the water flow stopped and the HOA had the mold remediater place 3 carpet fans in the crawl space and spread a biocide that eats micro-organisms.

The problem is Im still getting extremely light headed, I have a rash on my stomach and I itch all over, it’s gotten so bad that both me and my GF who is also experiencing the same symptoms had to move out.

I’ve contacted the HOA and told them the townhouse is still making me sick and wanted them to talk to industrial hygenist who I have already talked to, heres their reply:

The association will not pay for it, you will have to as we have done everything in our power to correct this situation. If you know him maybe he would come and do it for you at a reduced cost. We have had professionals on the property, we have done the best we can do to remedy this , we have the report from a reputable company stating that it is a very safe crawl space. I am sorry but at this point the association will not be able to pay for another professional to tell you the same thing

Thank you

Like I said earlier I’ve had no choice but to move out and am now living in unfinished basement and sleeping on an oversized bean bag chair because I cant afford to get a hotel, pay my mortgage and HOA dues at the same time.
I checked my disclosure and apparently the previous owner reported moisture were the broken sewage pipe was leaking back in September 11, 2009 all the HOA did was send out a maintenance man who said the water was caused from the sprinklers but did nothing to remediate the problem. In short there’s been the neighbors sewage seeping into my crawl space for at least 3 months and the HOA refuses to remediate the contaminated soil other than dry it out and spread some germicide in the soil.

Like I said earlier I’ve had no choice but to move out and am now living in unfinished basement and sleeping on an oversized bean bag chair because I cant afford to get a hotel, pay my mortgage and HOA dues at the same time.
Yes I had the home inspected and he did notice the moisture in the crawl space, his recommendation was to have a moisture barrier installed. I talked to an attorney about suing the inspector for gross negligence but the attorney said according to the contract all the inspector is obligated to do is return the fee I paid him which hes done.

Im going to contact the mold remediater now and see if he has a camera.

I’ll try to simplify this, home was inspected prior to closing, inspector reports moisture, suggests moisture barrier. After I inspected the crawl space due to light headedness and skin irritation another leak in the crawl space was detected water source was on the other side of the crawl space foundation. HOA calls plumbers, plumbers confirm broken sewage pipe which was replaced. The broken sewage pipe allows contaminated water into the crawl space causing possible contamination of soil.
The HOA took responsibility for remediating mold due to the broken sewage pipe why wouldn’t they take responsibility for possible soil contamination? They wouldnt have paid for all the other work thats been done if they weren’t responsible, correct?

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