Sick kid leads to mold discovery, tug-of-war with HOA over who pays

Eden Prairie resident, HOA battle over mold issue

A chronically sick kid tipped off an Eden Prairie mom that there was something wrong in her townhome. But now they?re in a tug-of-war with their homeowners association over what?s wrong and who?s responsible for fixing it.

EDEN PRAIRIE, Minn. (FOX 9) - A chronically sick kid tipped off an Eden Prairie mom that there was something wrong in her townhome.

Water, mold, illness

Who pays?:

When the family found water damage and mold, it scared them out.

But now they’re in a tug-of-war with their homeowners association over what’s wrong and who’s responsible for fixing it.

Nobody denies there’s a problem.

But who pays to fix it depends on where the issues originate and that’s still in dispute.

Paradise lost

What's that smell?:

Sherwood Place was exactly where Regina Gonzalez wanted her family to be.

"We love the neighborhood," said Regina Gonzalez. "We love the community. We're in a great spot."

Her 7-year-old son has lived here all his life. He’s also the reason she noticed trouble in paradise last year.

"I didn't know why," Gonzalez said. "I didn't know why he was getting sick."

She’d whiffed a musty smell in his room that wouldn’t go away no matter how much she cleaned. Eventually, she spotted mold creeping through the walls.

Last month, an inspector confirmed three kinds of mold inside and outside the home at extremely high levels, all of which could cause problems ranging from allergies to emphysema.

Time to leave

But no fix imminent:

So the family got out in a hurry.

"We just didn't take any clothes," Gonzalez said. "We just left as soon as we found mold and we're currently not living here."

She reported the problem to her homeowners association and property managers, hoping they would take care of it. They addressed some minor issues, but got a moisture report showing levels not considered to be elevated.

So HOA reps said the root cause was not the siding or the roof, which would be their responsibility.

For example, the property management company says obvious evidence of water damage is actually caused by a hole in the window head or possibly in the frame. But that does not explain why there's also damage on the other side of the building where there is no window.

Angry mom

Resolution on the roof?:

Gonzalez brought out another inspector this week and he found problems on the roof, as well as both new and old water stains in the attic. She’s now upset with property managers and with herself for not noticing before it impacted her son.

"I feel bad that he was sick because we didn't see any visual damage in our walls," Gonzalez said.

The property manager told us Gonzalez can end this standstill and get back in her home by just getting the repairs done. And if that shows it was their responsibility all along, she can ask to get reimbursed.

She says it’s pretty expensive and the evidence shows they should be fixing it.