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March 08, 2006
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Case No: 05-15908-E - Homeowners v. 3801 HOA Association
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Texas
Municipal Court
County of Dallas
Branch: County Court #5
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Summary
Accordingly, this letter shall constitut Dr. Echols' notice of his claim to the Associations Board pursuant to Section 9,1 of tile Declaration and his demand for payment of $12,924.00, as set forth above. This letter shal also constitute Mr. Ray's demand for payment of $1,589.4O' If however, my clients are not aware of the facts surrounding this matter, please advise me accordingly at the address listed above. If I do not hear from you on or before thirty days after receipt of this letter, I must assume that the facts known to Dr. Echols and Mr. Ray are correct. If I do not hear from you by that date, or if we cannot come to an acceptable agreement to this problem, my clients will have no other choice but to institute the appropriate legal actiol which they will seek the maximum damages available to them, including pre.judgment interest court costs and reasonable attorney's fees as allowed by law.
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Causes of Action: My client's unit has been damaged as a result of water penetration from common elements under the Association's control which water penetration caused dangerous black mold to accumulate, which had to be remediated. The water saturation and mold removal and subsequent reconstruction affecting the Unit's dining area, downstairs closet, downstairs bathroom, and entryway floor. Dr. Echols cleaned and repaired the damage in March and April 2004 at a Cost of$12,924.00 which included the cost of steam cleaning and drying carpeting and drywall in January of 2004. This amount includes any additional repair work that Dr. Echols did while the water penetration damage was being repaired. In addition, Mr. Ray incurred at least $1~589.40 in medical bills for sinusis relating to the mold contamination.
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Citation: 21717 |
Current information/Final Decision
It is 5 months into a settlement |
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Lawsuit Text
My client's unit has been damaged as a result of water penetration from common elements under the Association's control which water penetration caused dangerous black mold to accumulate, which had to be remediated. The water saturation and mold removal and subsequent reconstruction affecting the Unit's dining area, downstairs closet, downstairs bathroom, and entryway floor. Dr. Echols cleaned and repaired the damage in March and April 2004 at a Cost of$12,924.00 which included the cost of steam cleaning and drying carpeting and drywall in January of 2004. This amount includes any additional repair work that Dr. Echols did while the water penetration damage was being repaired. In addition, Mr. Ray incurred at least $1~589.40 in medical bills for sinusis relating to the mold contamination.
From the foregoing, it appears that the Association has the duty under the Declaration to replace the planter to address the drainag problem and to repair the interior of Dr. Echols Unit. The Association's failure to do so, caused damage to the interior of Dr. Echols' Unit, Section 2.4 of the Declaration requires the Association to repair the damage. The Associations to make such repairs Code 18 is a breach of the Declaration, which entitles Dr. Echols to recover his actual economic damages together with reasonable attorney's fees. See, Texas Property Code, ~82.161. To date, Dr. Echols has incurred attorney fees of $750.00 in connection with this matter. In addition, the Association is liable to Mr. Ray as an intended beneficiary of the Association' s duties under tile Declaration or as a result of its persistent negligent failure to prevent water from entering the Unit.
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