611-108 Roof leak and Mold

August 8, 2022

To: The Sparrow Condominium HOA Board of Directors,

We are writing so that you have the opportunity to know about and rectify this situation. We purchased Sparrow unit 611-108, a fully remodeled condo with all new materials in January of 2019 for my father in law to live in. Approximately 8 months after moving in, we had an initial small roof leak that began in August of 2020 and that took approximately 8 months before being properly repaired and for the sake of simplicity, we addresed the minor interior repairs ourselves. This was later followed by another leak which began in November, 2021 and the office was notified immediately when it began. At this time, the HOA maintenance took pictures and we were provided with buckets and a fan. On February 13, 2022, we were scheduled to meet with Walter because the leak had grown worse, was running down the steps and leaving mold stains along the baseboards. We were again promised that the roofers were finishing a different unit and that our roof replacement was scheduled next and to expect completion within 30 days and that our interior concerns would be fully rectified at that time. Walter further informed us that we were not the most urgent repair because the previous maintenance man, Garrett had neglected his job and that other units desperately needed their roof work to be scheduled ahead of ours. He claimed that some “elderly owners” had such bad leaks that their drywall was falling in and that they were working hard to “make everything right”. The HOA management finally had a contracted roofer install a “temporary patch” to our roof on July 7th, 2022.

Throughout the 8 months that it took for a functional repair to be made, we were repeatedly being told how all roofers were behind schedule due to Covid and about supply shortages for these types of roofs, etcetera. Promises and dates for repair attempts and the new roof installation were being repeatedly made to us by both Cynthia and Walter. Throughout this time we were also being promised that any interior water damage would be addressed as soon as the roof could be repaired.

While scheduling continued to be delayed and excuses continued to come from the office, the size of the leak grew worse as May and June brought torrential downpours which far overwhelmed the buckets. We persistently called the office and notified them that water was even running through the walls and into the electrical work. Despite our regular correspondence, the sudden season of heavy rain degraded the living situation at the condo to the point that in June of 2022 we deemed the condo to be un-inhabitable and our father had to move into our home. Walter was in possession of our condo key for the purpose of installing dehumidifiers and to allow a contractor, “Paradise Construction”, to remove and replace the drywall and roof tiles, he also committed to spray mildicide and to simply have the carpets cleaned. We were communicating to management that due to the mold growth in the walls and carpets, we felt concerned for the health of our father and that Walter’s approach may not be sufficient and that the carpeting and padding had become stained and soggy with no opportunity to dry and believed that the carpet needed to be replaced. We expressed concern that the management may be attempting to perform tasks that they are not licensed nor competent to preform and we were concerned about health risks. At this time, we expressed that we felt it necessary to file an insurance claim, since the condo had become uninhabitable, no accommodations were being offered and repairs had still not begun. The response that we received was that the management did not know what company held the insurance policy and that were advised to call Lee Crane Insurance Agency to gain this information. The agent expressed that Cynthia had to give them permission to tell us anything or to file any claims and after several phone calls she informed us that Cynthia was unwilling to do so. We were then contacted by both Cynthia and Walter and told that roof and interior repairs would begin the following day. Two days later, a roofer made a temporary patch but the promised dehumidifier was never delivered and time after time “Paradise Construction” never arrived to begin repairs despite that many dates and times were committed to.

Finally, on July 27th, Cynthia changed her narrative, informing us that we would be personally responsible for all of the interior water damage, claiming that an old AC belonging to our unit was causing the roof to sag so we would be responsible for the interior repairs. She asserted that such work on the interior could still begin but that we would be billed for all of it.

In rebuttal, on May 19th, after calling the office to seek permission to access the roof in order to investigate an Air conditioning concern, the HOA expressly informed us that the only people allowed to access the roofs are licensed and insured contractors, compelling us to hire “Kings Heating and Air”. Now, because the HOA expresses this policy that owners are not allowed on the roof, this also means that the HOA shoulders the burden of having to clearly and immediately notify the property owners if a situation is the responsibility of the owner. Further, the failure of HOA management to cease and desist from communicating repair intentions and to move ahead with performing the repairs, demonstrates that the HOA has assumed the responsibility for any damages or liabilities associated with those repairs. Finally, if the HOA had not insisted on taking responsibility to address the roof, then I would have personally accessed the roof and taken any action necessary to immediately stop the leaking.

Currently, we have retained the law offices of Scott N. Gelfand, P.A. who specializes in mold cases, we are also in communication with Blake Hyatt, a personal friend and the owner of Lee Crane Insurance (the agency who holds the HOA’s policy), Blake advised that we bring this up to the Board for reconciliation, stating that the board can authorize us to file a claim. Therefore, we are seeking to resolve this through the board before serving papers, forcing insurance involvement and pursuing litigation. Finally, our legal counsel has also suggested that we consider bringing the negligence of Sparrow HOA management to the attention of our local media as well as investigating other mold concerns and involving additional residents in this lawsuit. This will be our plan if we are not made to feel confident by this board that every Sparrow member will be treated with competency, professionalism and decency moving forward.

Thank you for your attention to this matter,

Derrick and Krystal Roy