Unhealthy living
Woman battles condo builder over mold-infested townhome in Dunes West
By Prentiss Findlay
MOUNT PLEASANT — Antoinette Palmisano survived a lightning strike that threw her across a room in Syracuse, N.Y., leaving her disabled. Now, as she puts her life back together, she worries that mold is irreparably harming the health of her and her daughter.
"My daughter and I are getting very ill. We've got to protect our health. That's what we're fighting for is our health," Palmisano said.
The Post and Courier
Antoinette Palmisano checks the mold on her blinds, where black specks gather despite repeated cleaning inside her Ellington Woods condo in Dunes West. Palmisano has had mold problems since she bought the property in 2003 and says it now is causing her and her daughter to have health problems.
Headaches, stinging eyes, difficulty breathing, gagging and heavy coughing were some of the symptoms she attributed to mold in her townhome. She and her daughter, Michelle Amerine, complained that they can't exercise like they used to without having to stop to catch their breath.
Palmisano said she has pulled shoes covered with black mold from her closet. Mold grows regularly in the bedroom, bathroom and living room. Windows are cleaned repeatedly but mold growth returns, she said.
The problem, she said, is moisture leaking into the townhome. "All the rugs need to be pulled out. The floor needs to be coated to keep moisture out," she said.
But it's not just the floors. She said the interior walls have such a high moisture content that they are infested with mold, as revealed in testing.
A consultant who investigated the situation in February reported visible moisture damage in the northeast corner of the living room. Wet insulation with mold growth on it was found after cutting into the wall to the right of the cable outlet.
"The wall cavity exhibited significant moisture damage with active termites, visible mold growth and structural damage to the studs," the consultant, S&ME Inc., stated in a report prepared after the property inspection. "The majority of the windows of the residence exhibited visible mold growth and condensation on the inside of the window panes."
In July, Sean Kennedy, a town building inspector, visited Palmisano's townhouse at 1336 Hopton Circle to see if there were possible code violations. "There are several locations in the unit that have water intrusion. This is a code violation. I could not identify the location of the water intrusion," Kennedy wrote in a subsequent letter to Palmisano. Kennedy wrote in the letter that the builder of record no longer has a current state builder's license and appears to have gone out of business. "The Town of Mount Pleasant does not have any way to resolve this matter. The only course of action for you in this matter should be in a civil court of law," Kennedy wrote.
The Post and Courier
'We've got to protect our health. That's what we're fighting for is our health,' said Antoinette Palmisano, seated with her daughter, Michelle Amerine.
Palmisano, 54, said that she is stuck in the condo for financial reasons. A lawsuit has been filed on behalf of Ellington Woods owners, but it could drag on for years, and in the meantime, Palmisano worries about the long-term effects of living in an unhealthy indoor environment. "We may just have to walk away from this," she said.
Palmisano said she blames the builder of her townhome, Alison Dailey Properties Inc., for her problems. Palmisano said she wants the builder to take back the townhome.
Dailey said she couldn't discuss Palmisano's allegations because Ellington Woods residents have sued Alison Dailey Properties Inc. "My attorney has advised me not to give a comment. We need to resolve this matter in court," she said, "not in the media."
Her attorney, David Cobb, said Ellington Woods has 224 townhomes in 30 buildings.
"Some units have complaints. Many have no complaints," Cobb said. Certificates of occupancy for the buildings were issued between 1998 and 2003, he said.
Palmisano lives in phase four of the development. "Her (Palmisano's) lawyer has not provided us with any specific documentation of her claim," Cobb said. "To my knowledge there have not been allegations of mold in the (home-owners') complaint. We are vigorously challenging a number of their conclusions," he said.
Cobb said a trial isn't expected to begin before February 2010, and that date probably will be pushed back.
Reach Prentiss Findlay at 937-5711 or pfindlay@postandcourier.com.
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Comments
STREETLAW (anonymous) says...
"You can't blame the builder. Its the subs (subcontractors)." -Old lowcoutry building industry saying.
Why doesn't someone just do the right thing here. Put these people in another unit. Call in some mold mediation experts to investigate and cure the problem.
The coastal region of SC is a very humid place indeed. And of course some people are more sensitive than others to mold. A lot of factors are always involved in these situation. On Kiawah Island years ago there was a situation when roof flashing was improperly installed and quite a bit of moisture problems and litigation ensued. And people from drier climes seem to be bother by mold more than locals who eat it for breakfast.
Whatever the problem might be, the builder should take the high road and try to resolve the problem promptly. Show these lovely ladies some true Southern Hospitality.
Just get 'er done.
July 27, 2009 at 6:10 a.m. ( permalink | suggest removal )
spengler (anonymous) says...
The Lowcountry is infested with rip-off contractors who use illegal labor instead of paying American construction journeymen a fair wage. This is the result. Get rid of illegals!
July 27, 2009 at 6:38 a.m. ( permalink | suggest removal )
theronce (anonymous) says...
Streetlaw, I agree...and, spengler, whether what you said is true in this specific case is true, I do not know but agree the the general. To compound what you said, during the boom the local governments claimed to not have enough inspectors, and inspections were iffy. You could tell who the inspectors who were doing the job right by listening to the tradesmen and contractors talk about them behind their back. Shoddy, unskilled work by cheap foreign labor, greedy contractors, and slipshod inspections by government were the norm. This is just the tip of the iceberg, and I expect to overwheming problems in coming years not too far off.
July 27, 2009 at 7:12 a.m. ( permalink | suggest removal )
MisWesaMoves (anonymous) says...
I'm going through the same thing as Palmisano, here in South Florida. I rent a condo and I have water leaking through windows and the ceiling of my screened porch. I have past experience in construction and have seen similar problems. I rent from an individual who IS part of the HOA here but lives up in NY. The HOA Manager won't even give me "the time of day" because I'm a renter and supposedly with all of the foreclosures in the development, the HOA "is broke" and "nothing will get fixed this year or next year either." I, too have been advised to seek relief with the Code Enforcement office and now after reading this story, I think that's my next step.
July 27, 2009 at 7:21 a.m. ( permalink | suggest removal )
metallic (anonymous) says...
The basic solution is relatively simple:
Find the source(s) of the moisture inside and stop it -- end of "mold" problems.
With shoddy construction, the actual solutions can be more difficult, depending on what one finds as the source of moisture, but most inside moisture problems are still fixable.
If inside moisture is the result of inadequate venting of humidity (from, for example, a bathroom with a shower) adding a vent fan, or dehumidifier, will solve the problem.
If the inside moisture comes from failures/inadequate flashing detail at roof lines or around doors and windows, the repair may be more expensive, but the situation is still fixable.
If moisture levels are high inside because of poor grading and water under the structure (perhaps even under a slab with a poor, or no, vapor barrier originally installed) repair solutions can be even more difficult, but are still not impossible.
Of course, it doesn't sound like this woman has followed the reasonable course of action to solve her moisture problems -- which would involve finding a competent contractor. (Has she even treated for her active termite infestation as noted in the report? "The wall cavity exhibited significant moisture damage with active termites...")
It sounds like she has just "run to her attorney" looking for someone to sue -- of course that action (running to an attorney) will make the competent contractors "run the other way."
No one in the building trades wants to work for someone with "visions of lawsuit settlements dancing in their head."
July 27, 2009 at 7:51 a.m. ( permalink | suggest removal )
KidYendor (anonymous) says...
Does Michelle need a place to stay? I know a very nice place in North Charleston where she can stay and get healthy.
July 27, 2009 at 11 a.m. ( permalink | suggest removal )
Neponset (anonymous) says...
I am a mister fix it and have done a little roofing work. I can tell you that most roofers both legal and illegal don't know JACK about flashing. There are usually call backs for leaks or in my case, I just fix it. Every time I return from a vacation in a drier area and enter my house I smell the mold - may I suggest to the rather attractive ladies from up state NY - perhaps the south is not for you.
July 27, 2009 at 11:27 a.m. ( permalink | suggest removal )
tj (anonymous) says...
She should move back to NY, its a different climate down here and she should do more to prevent mold from growing in her home.
She might not understand that, suing people isnt really a good solution either. Move back to a drier climate, South Carolina isnt for everyone.
July 27, 2009 at 11:44 a.m. ( permalink | suggest removal )
SCGirl0901 (anonymous) says...
What would be less costly?? Paying her rent in a furnished apartment for a few months and renovate? Or DENY, DENY, DENY for the next 10 years that you're not repsonsible. How much are the attorney's charging per hour to defend the companies involved?
Keep it simple, stupid.......
July 27, 2009 at 11:47 a.m. ( permalink | suggest removal )
mgarsteck (anonymous) says...
I know Michelle and Toni personally. I have seen the damage and its really bad. After just a few hours of being in the house my eyes started stinging and my nose started to run. I was also getting shortness of breath. Its a bad situation really. Im hoping that things will work out for the best for them.
I know for a fact that she hasnt ran to her lawyer looking for someone to sue. In fact she has tried to get it fixed without legal action and nothing was done about it. She is even considering bankruptcy just to get out of the house.
July 27, 2009 at 12:12 p.m. ( permalink | suggest removal )
wjhamilton3 (anonymous) says...
There was a huge amount of incompetent contracting in the Lowcountry during the building boom. It's not cheap or simple to fix many of these problems. Flashing and vapor barriers in SC are apparently rocket science beyond the skill of many contractors and the attention of local building inspectors.
Contractors are in fact being sued wholesale. Many are already out of business, leaving their insurance companies to fight over the disasters.
In the case of our house, the contractor admitted on Deposition that he never even looked at the homes he was building. He left everything up to the subcontractors and unlicensed construction supervisors. The company went into bankruptcy. He didn't even know if he still had a valid SC Contractor's license. Didn't care either.
I can't tell if the Mt. Pleasant building inspection Dpt. has any interest in followup. I think everyone just wants the houses built, the impact fees and taxes collected and the sales closed. In a city of 200 year old buildings that have lasted through hurricanes and wars, watching ten year old houses disintegrate is a bit hard to accept.
We have companies here now which do engineering studies on these houses all the time and there is plenty of material to review now. It would be easy to make sure building inspection Departments got these reports if there were any interest.
July 27, 2009 at 12:20 p.m. ( permalink | suggest removal )
NoMoreMold (anonymous) says...
As one who has suffered from serious mold-related illness for ten years, I advise the immediate vacating of this condo. Also, go to www.schoolmoldhelp.org (Information - Sick Building Symptoms) and www.biotoxin.info for more information. Dr. Ritchie Shoemaker, of Maryland, is nearby and specializes in mold-related illness. Unfortunately, the type of infestation described may cause increasingly more serious illness and even death for some. The World Health Organization has just published a book on this topic, and it confirms all of the above. View this on The Center for School Mold Help website.
July 27, 2009 at 4:43 p.m. ( permalink | suggest removal )
jasperly (anonymous) says...
I too know the Palmisano family personally. They have done everything above board, contacting the builder, the SC Department of Labor, Licensing and Regulation, the town of Mt. Pleasant, and other relevant parties, to do the right thing which is to fix their very unhealthy problem. I've been in her home, and there is an immediate negative effect from the mold. I had a similar situation with the town of Mt Pleasant. In 1992, while selling a home off Long Point Road, I found out, through the buyer's inspection, that the home was not originally built to code. I had to spend several thousand dollars to fix a problem that should have been caught by town inspectors while being built. This family is stuck because no one will take responsibility and do the right thing.
July 27, 2009 at 8:19 p.m. ( permalink | suggest removal )
toxicmoldtruth (anonymous) says...
Ms. Palmisano, the landlord, and anyone else with mold concerns should check out the remarkable research on toxic mold removal done by environmental expert Dr Ed Close. Simply diffusing a therapeutic-grade essential oil regularly will likely result in an environment very hostile to mold. http://www.secretofthieves.com/mold.c...
It seems like this would make traditional remediation projects easier, more effective and affordable, as well as creating a healthier environment in which to live.
In one instance, 10,667 stachybotrys mold spores were identified in a per cubic meter area. After diffusing Thieves essential oil for forty-eight hours, Dr Close retested. Only thirteen stachybotrys remained. Similarly, 75,000 stachybotrys mold spores were identified in a sample of sheetrock. After seventy-two hours of diffusing, no stachybotrys mold spores remained. (Stachybotrys has a reputation for being the most toxic mold.)
July 27, 2009 at 9:03 p.m. ( permalink | suggest removal )
metallic (anonymous) says...
Posted by jasperly:
>>>They have done everything above board, contacting the builder, the SC Department of Labor, Licensing and Regulation, the town of Mt. Pleasant, and other relevant parties, to do the right thing which is to fix their very unhealthy problem.... This family is stuck because no one will take responsibility and do the right thing.<<<
If they made a poor decision and bought a house with problems, why are they looking for "someone else" to fix (or pay to fix) the problems?
What ever happened to SELF-responsibility?
As I stated earlier, mold problems are immediately stopped when moisture problems are controlled.
What are THEY doing to identify and control the moisture problems at THEIR house?
If they have active termites in their walls (as the report in the article states), water infiltration at flashing points, seepage under walls due to outside grade problems, or even if the structure is built "tight" (where moisture inside cannot escape), THEY can take measures to correct these problems.
Why are they looking for "someone else" to solve their problems?
July 28, 2009 at 6:32 a.m. ( permalink | suggest removal )
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