June 30, 2021

The tragic collapse of Champlain Towers South in Surfside, Florida is a cautionary tale that will be studied for years to come. The following are some actionable steps that your association can take right now to promote the well-being of your community:

-Determine if you are obtaining reserve studies with sufficient frequency. Every building and building component ages differently. The general consensus is that reserve studies should be obtained every 3 to 5 years (some states mandate the minimum frequency). We recommend using a licensed engineer or architect.

-Evaluate whether your assessments are in line with the maintenance and repair needs of your community. Keeping assessments artificially low to promote the marketability of units can result in ill-advised compromises on maintenance and repairs.

-Make sure that your association has access to capital. Loans are often the only feasible means for proceeding with major repair projects — especially those that are unplanned. One of the first questions from the lender will be your association’s delinquency rate. Having an effective collections policy cannot be overstated.

If your community association needs legal expertise to help prevent or deal with tragedy, please call the community associations attorneys at Horn Williamson. Call today at 215-987-3800 for your consultation.

May 27, 2021

What Is Toxic Mold and How Does It Get into Your Home?

Toxic mold (also known as black mold) can destroy your home, health, and overall well-being. It can sneak into your home without any visible warnings. However, there are ways to tell that you may have toxic mold in your home.

As you begin to notice the signs, you should begin to develop a plan to rid your home of this deadly substance. The cost to remove toxic mold depends on how much of the substance is in your home and how hidden in the walls and other areas it may be.

Learn more about black mold and how it gets into and out of your home.

What Is Toxic Mold?

Black mold (Stachybotrys chartarum) is a type of common mold found in homes. Toxic mold is not actually toxic. Instead, it released mycotoxins which cause severe allergic reactions for many people.

Black mold is not truly toxic unless you have an allergic reaction to the mycotoxins it produces. However, many people do have allergic reactions to this strand of mold, making it difficult to remain healthy in a home filled with it.

How Does Black Mold Affect People?

Many people have negative reactions to black mold. Their allergic reactions may be deadly for people with other medical conditions.

Some of the most common reactions to toxic mold include:

• Sore throat
• Runny nose
• Watery eyes
• Body aches
• Wheezing
• Dry cough
• Skin rashes
• Mood swings
• Memory loss
• Nosebleeds

How Does Black Mold Enter Your Home?

Mold of all types enters a home through mold spores. Mold spores can attach to a person entering a home or enter through windows and doorways (or any openings to your home). However, the mold spores cannot grow without moisture.

Mold spores are generally harmless unless they grow. Wherever water congregates in the home, mold spores can grow, creating a problem with toxic mold.

When dealing with construction defects, water damage to a home can lead to black mold. The problem with black mold in construction is the mold can hide behind walls throughout your entire home. There are tests you can do to detect black mold behind the walls of your home. If you see any indication of black mold, including chronic related health issues, you should call an inspector to test for black mold.

How Do You Get Rid of Black Mold?

You can easily remove small amounts of black mold with bleach and water. Simply wipe down the areas, and the black mold will come up. The area will also be clean and disinfected from any toxins.

However, black mold behind your walls and fixtures takes more than a simple wipe down. You need to take down areas of your wall to get behind it and clean the black mold and all of its related toxins. The process can be costly. You must hire contractors to reconstruct your home in any areas black mold is detected.

If you have black mold behind your walls, you may have a deeper issue known as a construction defect. There may be cracks in the structure of your home that can allow water to get inside. These cracks can also allow water to get between the walls.

If your home has black mold caused by a construction defect, you need an attorney to help you get the compensation to repair your home. The construction defect team at Horn Williamson can help. Call (215) 987-3800 to speak with a lawyer today!

January 18, 2022

Most people are unaware that their homes have construction defects caused by builders who have cut corners and/or violated building codes until well after 12 years of ownership. Only about 10 percent find problems within six years of construction. In fact, most people are unaware that their homes had construction defects that cause problems like unseen water damage that leads to mold (which can cause serious health issues) until they put their homes up for sale. Then, a moisture test or home inspection may reveal serious building defects that can cost thousands of dollars to repair.

Currently builders, contractors and architects must build according to code and are held responsible and accountable for any and all building defects for 12 years based on a law with long historical precedent.

But now, five members of the Pennsylvania Legislature are attempting to put all of our state’s homeowners in considerable financial jeopardy. In August, Senators Laughlin, DiSanto, Comitta, Mensch and Stefano introduced Senate Bill 833 that would reduce the time homeowners have to hold their builders accountable for costly repairs from defects from 12 years to six years.

The bill also changes the definition of the term “lawfully” now in the statute of repose to simply mean “licensed”. Current practice recognizes “lawfully” as meaning licensed andfollowing code. If builders are merely licensed it would, in effect, give them a free pass on how to construct homes. That simple change of a word would remove Pennsylvania homeowners’ financial safety net.

We firmly believe that builders and contractors must build according to code and be held accountable for any and all building defects in homes for the 12 years that is the prevailing law. If that law is reduced to just six years, builders who have done slipshod work, cut corners and ignored established code will essentially be freed of any financial responsibility and homeowners will suffer monetarily on top of the considerable mental anguish caused by unanticipated building defects.

You don’t have to sit by and let Pennsylvania homeowners, perhaps like you, be unnecessarily thrust into considerable financial vulnerability. Acting today will help stop this proposal while it is being considered in Legislative Committee. Here’s what you can do:

• If you want to help protect Pennsylvania homeowners, join others in stating your opposition to this ill-advised change in the law by calling or writing* to your representative. To obtain contact information on the bill sponsors or the Senator or Representative of your district, click on this link.

If you are a homeowner suffering through your own construction defects problems, you can get assistance by calling the experienced Construction Defects Claims attorneys today at Horn Williamson at 215-987-3800 for your complimentary consultation.

*For your convenience, click here for a sample letter to legislators, but we urge you to put these thoughts in your own words, which will be more effective.