HOA Mold Damage Liability that Results from Water Leaks - Who is Liable?

HOA mold damage liability is in question. A common problem that frequently results in litigation between condominium owners, their homeowners’ associations, and their respective insurance carriers relates to who is responsible for damages that result from mold contamination caused by unrepaired moisture. In the typical scenario, the moisture that creates the mold is caused by a condition that originates in the common area, such as a roof leak, a broken water pipe, or poor exterior waterproofing. When an owner experiences mold on the drywall within their unit, or behind the drywall, conflicts over who is responsible for cost of abating the mold and the resulting repairs are commonplace.