Mold Inspection of Austin
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How To Read Mold Inspection Report
Clients of mold inspectors should be very welcome to call to discuss the investigator's findings and to ask for a reasonable amount of further explanation or guidance without incurring additional cost Austin TX Texas. For a discussion of valid and not very valid mold test lab reports for mold exposure, also see MOLD LAB REPORTS
What inspection methods and testing techniques form the basis of your indoor air/mold investigation report? Mold cultures are unreliable for overall characterization of fungal contamination of indoor air. Home test kits, settlement plates, samplers which collect spores onto petri dishes, and sterile swabs all have a place in the arsenal of tools but not for overall building characterization.
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Because Cladosporium is perhaps the most common mold genera, and because it's a pretty big family with perhaps 40 or more members or sub species, and because perhaps one of those members or species is toxic, a hasty lab might protect itself by an asterisked note indicating * Some members of this genera are toxic.
The idea of trying to come up with a uniform method of reporting mold levels in buildings, in this case with a mold score is to be applauded as an effort towards good science. But a mold score is more meaningless and confusing than meaningful and diagnostic when we lack any control over and reporting of building conditions at the time the sampling was performed.
If you paid a field investigator to examine your building you should be able to ask that person for additional advice concerning the lab results, and you should also be able to ask the lab director questions if the report is not clear.
The fact that a laboratory has some certification does not assure you that the certification is pertinent to the work being performed in your behalf, nor that the individual actually doing the work is properly trained .
If you see a large area of mold in a building a simple lab test can confirm that it is or is not a harmful (versus cosmetic) mold. And a carefully-collected sample of settled dust or other types of mold screening samples have some use in a rough building screen for evidence of hidden problematic mold.
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(June 5, 2014) joel vaughan said: Yes but where the hell can i find any information to tell me how much evidence i need to get a move from my mold ridden flat ! i think a mold kit will be insufficient for my evil landlords to have to do anything ! i reckon a company has to be hired and i have not the money for that as i only have about fifty quid as it has been my birthday - i am very ill can you advise please .
In one class I attended a mold test lab supervisor showed me the cheat sheet she provides to her afternoon high-school aged employees who are trained to look through the microscope for one of the eight common mold species whose photograph appears on a colored card. An under-trained lab technician may be tempted to stop examining a sample as soon as s/he finds one of the important eight on the card .
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Software often gives inspectors the choice of including photographs in the main body of the report, near the narrative that describes them, or photographs may be grouped together toward the beginning or end of the report.
Original Document - View Article Below
https://www.naplesnews.com/story/money/real-estate/2019/07/27/who-is-responsible-for-interior-damage-from-leaky-water-heater-heater/1807681001/
Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: The unit owner above me recently replaced his water heater. The water heater leaked and flooded his unit while he was out of town and the water flowed down into my unit. I understand that my insurance covers my personal property, but the association is refusing to fix the interior drywall and my insurance company is also refusing. Who is responsible? H.H., Marco Island
A: The likely answer is the condominium association, but that answer is only half complete depending on some other factors.
The very general rule under the Florida Condominium Act is that the condominium association repairs and replaces property insured by the association when the property is damaged by an insurable event. For purposes of this answer, we will assume the hot water heater leak was a sudden and insurable event. The association insures all drywall as originally constructed by the developer and like kind replacements. If the analysis stopped here, the condominium association would be responsible to repair the drywall and you would be responsible for the paint or wall coverings and the parties often reach an agreement on how to share in any remediation services which benefit both the drywall and the interior of the unit.
There are a few exceptions to this rule. First, the association only insures drywall as originally installed or like kind replacement. If you moved walls or performed interior alterations to the unit’s configuration, it is possible the association is not required to insure the drywall.
Second, the statute does authorize the condominium association to opt out of the above general rule. If the association did opt out of the statutory requirements, then liability for interior drywall is controlled by the express language of your Declaration of Condominium. Many declarations specifically provide that the condominium association replaces boundary drywall, but the owner replaces interior drywall and sometimes the obligation further depends on whether the drywall is part of a load bearing wall.
Finally, it is possible the above owner was negligent. If your condominium requires owners to shut the water off during an extended leave from the unit, it is possible the owner broke that rule by leaving town without shutting off the water and this breach may have augmented your damages.
Many owners and board members assume that the responsibility to repair the condominium property following water damage is straightforward, but there are many factors contributing to the analysis. For example, if the water leak is caused by a non-insurable event, the analysis follows the opt-out analysis above, but it can be very cumbersome to determine whether an event is actually an insurable event. Because of this, the recommendation is to consult with your attorney to determine the extent of liability, if any.
Q: I live in a condominium association and our community website is terrible. There are no minutes, contracts or financial records to view and the board doesn’t email any updates to the community. During the summer months, I have no way of knowing what is going on and was told the board must have a website. Is the board violating Florida law? T.R., Naples
A: Possibly, but I would need more information to answer the question. Florida law now requires condominiums with 150 or more units to maintain a website. Thus, condominiums with fewer than 150 units are not required under today’s law to maintain a website at all let alone a website with updated information. So, if your condominium includes less than 150 units, the board is not violating the statute.
If the condominium has 150 or more units, the statute then prescribes a number of requirements. First, the website must be independent and wholly owned and operated by the board or a website operated by a third party but in the association’s control. Second, the website must include an owner’s only section that is protected and inaccessible by the general public. The association must also post current copies of various documents in digital format on the website and protected in the owners only section of the website. Some of these documents include the condominium documents, a list of contracts and summary of recent bids, the annual budget, notices, financial reports, and contracts involving a director who is financially interested in the contract.
Q: Our homeowners association (HOA) includes a beautiful clubhouse with a great recreation room and fitness center. I work until 8:00 and used to work out in the fitness center after work. I went to the fitness center yesterday and it was closed citing a new rule adopted by the board. I had no idea this was happening, and the board is refusing to reinstate the old hours. What can be done? J.G., Bonita Springs
A: Probably not much. Florida law concerning rules in HOAs are generally broken down into two categories: 1) rules concerning what can be done on the owners’ lots; and 2) everything else authorized by the governing documents. If the board was considering a rule concerning what you can do on your lot such as rules concerning paint colors or fence heights, then the board must provide at least 14 days’ mailed and posted notice of the board meeting where that rule would be considered. In this situation, you would have known the board was considering such a rule.
That being said, rules governing the common areas such as clubhouse hours, are only required to be adopted by the board after 48 hours’ posted notice. Thus, unless you checked the bulletin board or unless the board emailed you a notice of the meeting, you may not have known this rule was being considered. Clubhouse hours generally fall within the board’s discretionary authority, so to change the hours you are going to need to convince the board to change the hours.
There are other factors that are relevant to the above analysis, so I would recommend you consult a licensed Florida attorney to review the governing documents to determine the extent of the board’s rule-making authority and whether your community covenants require notice and due process above and beyond the statutory requirements.
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Austin (Texas) district scales back school closing proposal
The latest facilities plans calls for closing 4 schools instead of 12.
Administrators in the Austin (Texas) district have pared down the number of schools they want to close soon from 12 to four.
The Austin American-Statesman reports that the four campuses still targeted for closing are Pease, Brooke, Metz and Sims elementary schools.
Related: Proposal calls for 12 schools to close in Austin (Texas) district
The latest version of the district's facilities plan, which includes 12 scenarios, essentially puts off until further notice closure of the eight other schools that had been on the list. They are Bertha Sadler Means Young Women’s Leadership Academy; Pecan Springs, Ridgetop, Maplewood, Palm, Dawson and Joslin elementary schools; and Webb Middle School.
The Austin school board would still have to approve closing the four schools, a decision expected Nov. 18.
Related: Austin (Texas) district considers closing as many as 12 schools to ease deficit
“You will see a phased timeline ... that creates space for even deeper community conversations and planning,†Austin district Superintendent Paul Cruz said in a letter to the community. “At the same time, my team and I believe deeply that no change at all is not an option.â€
District administrators say that to usher in better academic programs and improve equity in the school system, the district must close low-enrolled and aging facilities and consolidate students at modernized campuses. The district is also recommending equity training for teachers to better understand cultural differences among their students.
Many families and school employees of the 12 campuses on the initial closure list have said they were blindsided by the district’s proposal when it was released in September. The district has held numerous meetings with affected school communities over the past several weeks as they developed their latest revisions.
The plan is to move Brooke, Metz and Sims students into modernized schools that are under construction — Govalle, Sanchez and Norman elementaries.
Pease children, all of whom are transfer students, will have to find other school options. Parents of that Central Austin school’s students are particularly upset by the latest revision. The September version had Pease closing toward the end of 2021. Now Pease students’ last day would be in May, parents say.
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