Water keeps getting in. Mold may follow, and so do the bills
Water has been getting into this building, and it continues to get in. Here is what the record says happens when an association lets that ride.
The exterior walls are the first line of defense, and at 3920 the brick and mortar are failing. Every gap is a path for rain.
Mold is the predictable next step
The EPA is blunt: “The key to mold control is moisture control,” and wet materials should be dried within 24–48 hours to prevent mold growth. Water that keeps coming back through a wall never gets that chance. We are not saying mold has been found here. We are saying that where water continues to get in, mold may follow.
The CDC says mold grows around leaks in roofs, windows, or pipes, on drywall, wood, and insulation, and can cause a stuffy nose, sore throat, coughing or wheezing, burning eyes, or skin rash. People with asthma or mold allergies may have severe reactions. CDC’s NIOSH also warns that building dampness can break down building materials, which means rot, not just stains.
Waiting makes it more expensive
Hidden water damage spreads behind walls while the fix waits. When the bill finally comes due, it lands on owners as higher fees or a special assessment, on top of the debt the association already carries. Fannie Mae says it has seen a correlation between underfunded reserves and condo projects needing critical repairs, and that owners can face “unexpected special assessments” leading to default or foreclosure.
Buyers may not be able to get a mortgage
Fannie Mae’s Selling Guide lists projects needing critical repairs as ineligible, and “critical repairs” expressly include “any mold, water intrusions or potentially damaging leaks to the project’s building(s)” and “advanced physical deterioration.” The project stays ineligible until repairs are completed and documented. Fewer eligible buyers means a harder sale and a lower price.
Insurance may not pay
The Texas Department of Insurance explains that most home policies cover sudden and accidental water damage but don’t cover damage from gradual leaks or seepage, including mold. Standard policy forms exclude repeated seepage and, as one industry analysis puts it, disallow coverage for “an insured who knows about a leak but who has chosen to take no action.”
Massachusetts courts have seen this before
- In Munro v. Jordan (2010), a Quincy unit owner won a jury verdict against condo trustees after repeated water damage, which an engineer tied in part to cracked and spalled masonry and an old roof. Mold formed and the unit became uninhabitable for a time.
- In Doherty v. Admiral’s Flagship Condominium Trust (2011), the Appeals Court revived an owner’s negligence, nuisance, and trespass claims against a condo trust and its manager over roof leaks that allegedly led to toxic mold.
- In Cambridge Point Condominium Trust v. Cambridge Point, LLC (2018), the SJC described pervasive leaks damaging the building envelope and mold in units, with repairs estimated at over $2 million.
Leaks rarely fix themselves. Ask for the engineering reports, the leak history, and the reserve study before you buy.
Caveat emptor.