Condo's-Safe Harbor for Mold? - New Details Revealed

Condo's-Safe Harbor for Mold? - New Details Revealed -Image via Wikipedia

Three mold citations filed against 100 HarborView Drive Condominium were dismissed last week immediately prior to a scheduled hearing before the City of Baltimore Environmental Control Board.

In dismissing the Health Department citations, the administrative judge presiding at the hearing, Sandra E. Baker, Esq., director of the Environmental Control Board, noted that each of the three citations had been improperly issued and therefore dismissed them.

The citations, generated by complaints from the owners of two HarborView penthouses, Paul C. Clark and James W. Ancel, Sr., cited the condominium for failure to clean up “fugitive dust” and potential mold and to clean the HVAC systems in their respective units, PH 4A and PH 4C.

However, 100 HarborView Drive Condominium management stated that when made aware of Clark’s complaint, they sent inspectors and certified cleaning crews to his penthouse. He stopped their work before it was completed. In Ancel’s unit, a test conducted by the inspectors reported no mold but he did not allow a second test to be made.

“The condominium regularly cooperates with unit owners to address all concerns such as these. When that cooperation is not returned, all of the unit owners lose,” said Robert F. Carney, an attorney with Whiteford, Taylor & Preston, LLP, who represents the condominium. “Today’s dismissal is one that we hope will signal an end to this issue.”

“On behalf of the 100 HarborView Drive Board of Directors, we believe that it’s unfortunate that we have to pay the expenses to defend isolated cases such as these, but we will continue to do so in order to protect the good name and reputation of the condominium,” said John Cochran, board president.

In March and April of 2010 two independent certified testing labs conducted visual and air sampling testing of 27 units at HarborView as well as common areas to determine the existence of any mold contamination and reported there were no such issues that would cause health or environmental risks.

The Health Department cases are the latest in a string of claims filed by Clark and Ancel in the span of one year that have either been dismissed or judged to be in the condominium’s favor. Two cases filed by the unit owners remain: a $5 million legal claim by Clark concerning resale documentation prepared by the condominium’s management realty company that the condominium board intends to seek prompt resolution to, and a $5 million legal claim by Ancel regarding a separate dispute that the condominium board is also actively pursuing prompt resolution.

About 100 HarborView Drive Condominium

HarborView is a high-rise condominium on the south side of Baltimore’s Inner Harbor. Built in 1993, its distinctive structure makes it a Baltimore landmark and a pioneer in urban harborside living within walking distance of cultural events, museums, restaurants, sporting events and entertainment. The 249 residential units in the condominium are part of the larger HarborView residential communities and marina community that stretches along Key Highway at the base of historic Federal Hill and less than two miles from Interstate 95. For more information visit www.harborviewcondominium.com.

CONTACT:  Susan Anthony  410-592-3003, susan.anthony@sawmillmarketing.com

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