Myths About Toxic Mold

h o a homefront legislation Sep 19, 2016

In 2000, a new “toxic mold” panic swept the country, and sixteen years, untold lawsuits, and billions of dollars later, major myths still plague and unnecessarily panic association boards, managers and homeowners. The myths all too often cause exaggerated repairs, unduly frightened residents, and conflict. In this and the next column, I will address thirteen pervasive myths.

Mold is new

Mold, one of the earliest and simplest life forms, has existed for thousands of years. Almost a hundred years ago, mold was the basis of the discovery of penicillin. Mold is ever-present, as is dust or pollen.

The scientific and medical communities confirm mold’s many dangers

In 2004, the National Institute of Medicine published its comprehensive study on indoor mold exposure, called “Damp Indoor Spaces and Health.” A central finding was: “Scientific evidence links mold … in homes and buildings to asthma symptoms in some people with the chronic disorder, as well as to coughing, wheezing, and upper respiratory tract symptoms in otherwise healthy people… However, the available evidence does not support an association between … mold and the wide range of other health complaints that have been ascribed.” That sounds like mold is dangerous the same as is dust or pollen – to people with severe asthma. The announcement containing this finding is easily located by a web search, but it did not receive much press play – stories of frightened people living in tents are more interesting.

One must determine the kind of mold present

Mold consultants and plaintiff attorneys often describe some molds as worse than others. The most famous mold is stachybotrys chartarum, a mold producing infinitesimal quantities of a substance similar to botulism poison. However, the amount is so small they call it ‘mycotoxin’. It sounds frightening, but the scientific community long ago debunked the myth that this or any mold was somehow poisonous to breathe. For example, read the National Institute of Health Fact Sheet on Mold, found at www.niehs.nih.gov.

California is protected by the Toxic Mold Protection Act of 2001

The “Toxic Mold Protection Act of 2001,” found at Health and Safety Code 26100, instructed the Department of Public Health to develop Permissible Exposure Limits of the various mold strains. However, in 2005, and again in 2008, the DPH reported that the task could not be completed with the scientific information available. Consequently, there is presently no official standard as to how many mold spores of any given variety are “unhealthy”.

Always start with a mold test

The Environmental Protection Agency recommends against mold testing. There is no standard as to how many mold spores are “unhealthy,” and indoor air sampling tests are extremely vulnerable to events in the home changing the results. A recent shower, window opening or carpet cleaning are some of the many factors which can completely change test outcomes.

Mold tests, bluntly, primarily frighten the occupants and create a “need” for the expense of a mold consultant a second test after the area is cleaned. Since the health authorities have not confirmed any particular strain is more dangerous, and since there is no official standard as to how many airborne spores are unhealthy, there is rarely a good reason to spend the money on such a test.

You cannot clean up mold on your own

Many mold consultants treat mold as if it were asbestos. Asbestos is truly dangerous. Unlike mold, if it is inhaled into the lungs, the body cannot absorb it or break it down. But mold consultants typically develop repair protocols which are virtually identical to asbestos protocols. Several trade organizations have created mold credentials and cleanup protocols. On the other hand, the EPA’s recommendation to clean up a moldy area of up to 9 square feet is to wipe it with a cloth dampened with a diluted bleach solution.

The EPA and California Department of Public Health always recommend mold consultants

They do not. In fact, minor mold situations, they say, can be handled by the resident or with janitorial staff.

Mold consultants are licensed

Mold inspectors or consultants are not licensed by the government, but instead hold credentials and memberships in trade organizations.

Mold cannot be caused by the resident

Mold accumulation can often be caused or worsened by a failing to properly ventilate a residence. Mold can build up in stuffy bathrooms or any area where the environment is humid, warm and poorly ventilated. Before the mold scare started in 2000, with the new term “toxic mold,” people would occasionally see black mold in shower or bath enclosures and would simply wipe it off with a cleaning solution.

Insurance never covers mold

Partially true: Property insurance policies do not normally cover mold, fungus or dry rot. If a water damage incident occurs, and the damage is not discovered and ventilated soon, mold can result (and dry rot). The property insurance will normally refuse to cover the cost of mold remediation, but will still typically cover the rest of the repairs. However, if the property owner is sued because of water damage including mold, the liability part of the policy ordinarily will defend the claim.

Let the emergency contractor do everything

Because of the panic associated with mold, the normal reaction is to call emergency services contractors. Such contractors are much more expensive, because of their readiness to respond almost immediately at any hour. Stopping water leakage and drying the space might require an emergency contractor. However, sometimes a plumber might be enough. Emergency contractors sometimes destroy walls and cabinets before the association can obtain a second opinion as to its necessity. Allow demolition only of what is immediately necessary, and then seek bids for the non-emergency work.

Keep demolishing walls until you find no mold

Panicked residents often ask a landlord or HOA to open walls to look for mold. However, this is almost always a waste of money. If it is inside the wall, it is probably not bothering or affecting anyone – so opening up the wall may waste money (and possibly release more mold into the air).

Mold damage situations must cost at least $10,000 per occurrence

The cost of repairing water damage skyrockets due to unnecessary mold tests, unnecessary consultants, delay in responding to the leakage (the most common cause of mold buildup), excessive demolition, searching for mold, and using emergency contractors for everything, and foregoing competitive bids for repairs. Be more deliberate, and save money.

For more information on mold, visit www.epa.govwww.cdc.gov/mold, or www.cdph.ca.gov.


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.