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Articles Posted in Mold

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New Mold Law — SB 655/ California Health and Safety Code Sections 17920 and 17920.3 Effects California Community Associations

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys Effective January 1, 2016, California Senate Bill 655 amended provisions of the California Health and Safety Code, specifically Sections 17920 and 17920.3. Although the Health and Safety Code impacts almost all persons and entities in California to some extent, SB 655…

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HOW ONE ASSOCIATION’S $30,000 MOLD WATER DAMAGE CLAIM TURNED INTO A $169,000 ARBITRATION AWARD (and why condominium associations should be responsible for waterproofing on balcony decks)

By David Swedelson, Condo Lawyer and HOA Attorney; Partner at SwedelsonGottlieb, Community Association Attorneys I know that many condominium association boards of directors contemplate the idea of making owners responsible for the waterproofing on the balconies or decks in condominiums (and yes, generally the association is responsible for repairing or…

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How One Association’s $30,000 Mold Water Damage Claim Turned into a $169,000 Arbitration Award

(and why condominium associations should be responsible for waterproofing on balcony decks) By David C. Swedelson, Condo Lawyer and HOA legal expert; Senior Partner at SwedelsonGottlieb I know that many boards contemplate the idea of making owners responsible for the waterproofing on the balconies or decks in condominiums (and yes,…

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Expert Testimony Is Properly Excluded Where Experts Relied On Unsupported Assumption That Mold Exposure Caused Plaintiff’s Symptoms

On May 28, 2009, in the matter of Dee v. PCS Property Management Inc. the California Courts of Appeal – 2nd District ruled that proposed expert testimony is properly excluded where experts relied on unsupported assumption that mold exposure caused plaintiff’s symptoms. In this mold case, the plaintiff Darcee Dee…

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