When I purchased our new condo ( new condo, but these were originally apartments and they were renevated, etc. ) it was disclosed to us that our windows were single-pane windows. Sure, no problem.
Now, 4 months later, we've found that our windows constantly develope mold in the window cill, literally on a weekly basis because the condensation that occurs due to temperature differences. Keep in mind I live in California, it's not like its THAT cold THAT often - this happens mid day, morning, night, whenever.
So, I called out the home owners assoc., they guaruntee to fix anything within the first year for buying the new condo. They come out, test the mold, say its not harmful. Redo the drywall and say you're good to go, move back in. ( They paid for us to move out for 10 days in a hotel )
It's a month or so later, same things happening - nothings fixed.
Now, I called them back out and they tested it again, tommorow they're probably gonna say they'll do it again. In the end, though, the real fix would be dual pane windows, it's pretty obvious.
So, is there any legal stance I have in this situation? I mean, these windows need to be replaced or the mold will always come back and I'm not gonna clean this every 3 - 5 days - it's ridiculous! I am gonna pay for dual pane windows, but I want to be re compensated, or I want them to do it.
What are my rights, if any?
Private Mod Note
():
Rollback Post to RevisionRollBack
This member has been found guilty of ripping a number of users on MTGSalvation. As a result he has been banned on this site and all his positive feedback has been removed. The MTGSalvation Staff wants to strongly encourage you NOT to trade with this member ever again in whatever situation might come up.
Spread the word.
I think they retain responsibility until they finally fix your problem, even if it has gone on for beyond a year. the thing about it is that you had to imform them of the problem during your year-long warranty. my advice is just continually asking them to fix the windows till they get it right. i, however, do not see how a single window pane causes mold.
put it this way.... im a law student.. m giving you no legal adive other than, if in doubt see a lawyer. even if it costs you $300 in legal costs. they will write a letter with a law firms letter head on the top explaining the situation. chances say upon recieving the letter they will get right on it.
general rule:
got a problem with a legal issue, get a LAWYER.
That does sound like something a law student would say.
Seriously, there are some legal doctrines that relate to this problem. But if there's a guarantee from your homeowners' assocation, it has to be in writing somewhere. That's likely to override any general legal rules.
So you need to hunt down the contract with your homeowner's association and the associated covenants - you know, that big fat book they gave you when you bought the condo that has disappeared into the back of your closet under your playset of Masques?
what are you talking about? they don't give you a big fat book when you buy a condo! or do they?
Maybe it's not fat. But if you are in a homeowner's association, you have some sort of contractual relationship with them. It will tell you what you can't do - paint your house pink, park your mufflerless Caprice in the yard, etc.
Unless they are morons, this contract will be written down on paper of some type and you will get a copy. It may be one page, ten pages, 150 pages or more. It may be bound, stapled, clipped, taped together, or on a big-ass scroll. It may be fat or thin. The paper may be white, ivory, pink, blue, or any number of other colors. It may, in the extreme, not be on paper; perhaps the agreement was etched into the underside of an old saddle.
Wherever it is, whatever its girth, JayC should find his and read it.
Edit: And single-pane windows cause mold because they are not sufficiently insulated. When it is colder outside than inside, condensation will form on the windows and drip into the sills, allowing mold to grow.
When I purchased our new condo ( new condo, but these were originally apartments and they were renevated, etc. ) it was disclosed to us that our windows were single-pane windows. Sure, no problem.
Now, 4 months later, we've found that our windows constantly develope mold in the window cill, literally on a weekly basis because the condensation that occurs due to temperature differences. Keep in mind I live in California, it's not like its THAT cold THAT often - this happens mid day, morning, night, whenever.
So, I called out the home owners assoc., they guaruntee to fix anything within the first year for buying the new condo. They come out, test the mold, say its not harmful. Redo the drywall and say you're good to go, move back in. ( They paid for us to move out for 10 days in a hotel )
It's a month or so later, same things happening - nothings fixed.
Now, I called them back out and they tested it again, tommorow they're probably gonna say they'll do it again. In the end, though, the real fix would be dual pane windows, it's pretty obvious.
So, is there any legal stance I have in this situation? I mean, these windows need to be replaced or the mold will always come back and I'm not gonna clean this every 3 - 5 days - it's ridiculous! I am gonna pay for dual pane windows, but I want to be re compensated, or I want them to do it.
What are my rights, if any?
Spread the word.
general rule:
got a problem with a legal issue, get a LAWYER.
3 Nether Shadow BETA
2 Plateau
2 Bayou
HAVES:
http://forums.mtgsalvation.com/showthread.php?t=71454
Power does not corrupt, power attracts those that are inherently corruptible.
The powerful prognosticative powers of Leonginus - a "force" indeed!!
Seriously, there are some legal doctrines that relate to this problem. But if there's a guarantee from your homeowners' assocation, it has to be in writing somewhere. That's likely to override any general legal rules.
So you need to hunt down the contract with your homeowner's association and the associated covenants - you know, that big fat book they gave you when you bought the condo that has disappeared into the back of your closet under your playset of Masques?
Unless they are morons, this contract will be written down on paper of some type and you will get a copy. It may be one page, ten pages, 150 pages or more. It may be bound, stapled, clipped, taped together, or on a big-ass scroll. It may be fat or thin. The paper may be white, ivory, pink, blue, or any number of other colors. It may, in the extreme, not be on paper; perhaps the agreement was etched into the underside of an old saddle.
Wherever it is, whatever its girth, JayC should find his and read it.
Edit: And single-pane windows cause mold because they are not sufficiently insulated. When it is colder outside than inside, condensation will form on the windows and drip into the sills, allowing mold to grow.