• Home
  • About us
  • Capabilities
    • Condo, Coop, HOA Counsel
    • Litigation
    • Business Law
    • Technology
    • Real Estate
    • Employment Law
    • Tax Audits
    • Family Law
  • Insights
  • References
  • FAQ
  • Inquiry
    • Payment
Colbert LawColbert Law
Colbert LawColbert Law
  • Home
  • About us
  • Capabilities
    • Condo, Coop, HOA Counsel
    • Litigation
    • Business Law
    • Technology
    • Real Estate
    • Employment Law
    • Tax Audits
    • Family Law
  • Insights
  • References
  • FAQ
  • Inquiry
    • Payment

Mold – Have to Act Quick and Tee Up Your Condo’s or Coop’s Defense

Home BoardsMold – Have to Act Quick and Tee Up Your Condo’s or Coop’s Defense
Mold – Have to Act Quick and Tee Up Your Condo’s or Coop’s Defense

Mold – Have to Act Quick and Tee Up Your Condo’s or Coop’s Defense

Posted by Team Colbert Law Boards, Condo Coop HOA, Litigation, Real Estate

Water damage + mold growth = lawsuit for damages.  Condominiums and cooperatives have to deal with water damage all the time.  When it happens, even when action is taken immediately to mediate, there may be mold growth that will eventually rear its ugly head.  Where there is mold, you’ll probably find a plaintiff and an tort attorney looking for money.

Knowing this, it is important to prepare to have to defend the association. If an insurance adjuster is involved, they’ll probably be lot’s of information gathered and pictures taken.  The association is best advised to document what is happening and have its own record. 

Once you know a lawsuit is coming, retaining an expert is critical at the earliest juncture to sustain and defense and extricate the association from the lawsuit as soon as possible.  If defense counsel is not recommending an expert early on, bring the request to counsel’s attention.

The Board of Managers of Forestal Condominium retained a clinical neuropsychologist expert but failed to retain an expert to address the complainant’s symptoms other than neurological ones.  For example, plaintiff complained that the presence of T-2 Toxin Trichothecene caused plaintiff injury.  The Court explained that if the condo had presented the right expert testimony on the motion, the condo might have been out on summary judgment. Because the condo didn’t have an expert teed up and ready to testify, the condo is now stuck in the lawsuit through trial.  

Click here to read the recent Davydov v. Board of Managers of Forestal Condominium decision.

Share

About Team Colbert Law

With offices in New York and Connecticut, we are ready to handle your legal needs. We have been representing condo, coop and HOA boards, businesses and individual clients for over twenty five years.

You also might be interested in

Family Preparation for Health Emergencies is So Important

Family Preparation for Health Emergencies is So Important

Dec 20, 2020

Condo Boards: Know Your Responsibilities to Avoid Liability

Condo Boards: Know Your Responsibilities to Avoid Liability

Apr 1, 2024

Condominiums have a contractual duty to maintain common elements. While[...]

The Board’s Dilemma: When to Fight and When to Flinch in an Aggressive Unit Owner Dispute

The Board’s Dilemma: When to Fight and When to Flinch in an Aggressive Unit Owner Dispute

Nov 15, 2025

Community association boards, whether governing condominiums or cooperatives, bear the[...]

Recent Attorney Publications

  • When Contractors Lack Licenses: Key Lessons for Condos, Co-ops, and HOAs July 25, 2026
  • When Bankruptcy Won’t Stop Your Foreclosure Sale: What Condo Boards and Management Need to Know About Repeat Filers July 22, 2026
  • When Repetitive Filings Cross the Line: Lessons from Fulton v. Yameogo July 21, 2026
  • Condominium Boards: Why Being Aware of First Mortgage “Standing” Can Protect Your Community’s Bottom Line July 13, 2026
  • Winning the Common Charge Battle: How Condo Boards Prevail Against Defiant Unit Owners July 2, 2026

Contact Us

Send us a note and we'll get back to you promptly.

OFFICES

  • Manhattan Office
  • 315 Madison Avenue, Suite 4032, New York, New York 10017
  • 646.880.3000
  • 646.880.3048
  • Westchester Office
  • 44 South Broadway, 21st Floor, White Plains, New York 10601
  • 646.880.3000
  • 646.880.3048
  • Connecticut Office
  • 55 Post Road W, 2nd Floor, Westport, Connecticut 06880
  • 203.349.8100
  • 646.880.3048

Latest Publications

  • When Contractors Lack Licenses: Key Lessons for Condos, Co-ops, and HOAs July 25, 2026
  • When Bankruptcy Won’t Stop Your Foreclosure Sale: What Condo Boards and Management Need to Know About Repeat Filers July 22, 2026
  • When Repetitive Filings Cross the Line: Lessons from Fulton v. Yameogo July 21, 2026
  • Condominium Boards: Why Being Aware of First Mortgage “Standing” Can Protect Your Community’s Bottom Line July 13, 2026

© 2026 Colbert Law LLC Attorney Advertising. Prior results do not guarantee a similar outcome.

Highend Logo

Manhattan Office

  • 315 Madison Avenue, Suite 4032, New York, New York 10017
  • 646.880.3000
  • 646.880.3048

Westchester Office

  • 44 South Broadway, 21st Floor, White Plains, New York 10601
  • 646.880.3000
  • 646.880.3048

Connecticut Office

  • 55 Post Road W, 2nd Floor, Westport, Connecticut 06880
  • 203.349.8100
  • 646.880.3048

OUR EXPERTISE

When Contractors Lack Licenses: Key Lessons for Condos, Co-ops, and HOAs

July 25, 2026

A recent NYC Civil Court decision (Fortes v. Decorating and...

When Bankruptcy Won’t Stop Your Foreclosure Sale: What Condo Boards and Management Need to Know About Repeat Filers

July 22, 2026

For condominium boards foreclosing on unpaid common charges,...

When Repetitive Filings Cross the Line: Lessons from Fulton v. Yameogo

July 21, 2026

Community association boards—whether governing condos,...

Condominium Boards: Why Being Aware of First Mortgage “Standing” Can Protect Your Community’s Bottom Line

July 13, 2026

When a condominium unit owner defaults on their monthly...

Winning the Common Charge Battle: How Condo Boards Prevail Against Defiant Unit Owners

July 2, 2026

Condominium boards and property managers face a unique,...

When the Neighbor Builds: What Condo and Co-Op Boards Need to Know

June 29, 2026

Construction in New York City is a fact of life, but when a...

Succession Rights in Limited-Equity Co-ops: Practical Lessons from Mutual Redevelopment Houses v. Manyevitch

June 12, 2026

Succession disputes are among the most sensitive and...

The Post-Settlement Trap: What Fiondella Teaches Co-op Boards About Stipulations and Continuing Habitability Claims

June 9, 2026

For New York cooperative boards and managing agents,...

The Derivative Action Threat: Why “Limited Common Elements” Present Litigation Risks for Condominium Boards and Managers

May 16, 2026

A recent decision by the Appellate Division, First...

Governance and Rule-Making in the Modern Condominium

April 27, 2026

Reflections on 10MSW17D LLC v. Bd. of Managers of 10...

Don’t Delay: Why Timely Enforcement of Common Charges is Critical for Condo Boards

April 15, 2026

A recent decision from the Supreme Court of New York,...

RPAPL § 881 Licenses, and Why Fee Reimbursement Is a Core Deal Term

April 13, 2026

Boards and managers of condominiums, cooperatives, and...

The 432 Park Decision: A Masterclass in Risk Management for New York Condo Boards

April 2, 2026

New York condominium boards and management companies operate...

Protecting Your Building’s Integrity: Lessons from Board of Mgrs. of the 80th at Madison Condominium v. 1055 Madison Ave. Owners LLC

March 31, 2026

As a condominium board member or property manager, your...

Press Enter to search · Esc to close