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POOP ROLLS DOWNHILL

If you read this and " The Illinois Condo Act " and still would like

to buy a condo, buy this one, STUPID

April 16, 2006

By Jack D. Flanigan (View author info)

Copyright Jack D. Flanigan

AHRC News Services - San Capistrano,CA

Glen Ellyn, Illinois -

It all started in November of 1984. That's when I closed on my condo

that's a stones throw from the College of DuPage in beautiful Glen

Ellyn, Illinois.

Right from the start there were problems and not all from neighbors

either. The worst was when sewer was coming up in my utility room.

It was always water, so there I am looking for a leak or drip.

Nothing. Then one day I get home from work and see human feces

floating in the utility room. The builder was still on site. I gave

them a call along with the plumbing company. The plumber that came

out to rod the line, said he could feel something bouncing off the

auger, but would have to come back. On Monday morning all parties

involved were present. Did the same thing and got the same results.

When everyone started packing up and saying next time we'll get it I

went and called the DuPage County Health Department. Good call. The

builder ended up breaking up the floor in the next unit and

extracting a 1 liter pop bottle from the main line. Seems the bottle

would float up and back along the main and occasionally block the

leader to the street. I found out that day that my unit was the

lowest point in the building. Should have sold it right then. Poop

rolls downhill.

The couple that moved in above me were typical yuppies, except they

bought all their appliances at Sears. Including a water softener,

which they installed on their own. You probably guessed it if you're

familiar with that ancient piece of equipment, dated prior to lake

water. The discharge hose was cut flush with the floor. I'm not sure

how much water got discharged during the cycle but I know that 99.9%

of it ended up in my unit, dropping the utility room ceiling. Great.

Should have sold it right then. Poop rolls downhill.

They left and bought a yuppie house in town. That unit changed hands

a few times. A divorced woman and her daughter moved in. Really

quiet people. Then their water heater broke. On the Friday before

Labor Day weekend yet! Well a licensed plumber wannabe came out and

shut the water off TWICE. Yup, turned it off and then turned it back

on to drain over night. The next day 40+ more gallons of water

managed to drop the ceiling in the master bath and the utility room

yet again. They had a somewhat respectable insurance company who

replaced everything. Should have sold it then. Poop rolls downhill.

They moved out of state and sold to another mom and daughter duo. A

180 from them. Lots of liquor, lots of noise, lots of mother

daughter fights. Lots of teenage parties till 6 AM. The time I had

to leave for work. Nothing wet ever fell during their stay, but Poop

rolls downhill still ruled.

They sold to the current occupants. A 30 something married couple.

They're still here, now they're 40 something and unfortunately so am

I. They dropped the ceiling in the master bath twice. The last time

revealing a mold spot that would scare FEMA. Their insurance

company, the good hands people kept their hands in their pockets and

saved themselves about $500. Eventually hiding behind the Illinois

Condo Act. It timed in perfectly with the condo attorney's mention

of that anti-american legislation. So, I had already read it and

knew exactly what it said, but didn't feel like exerting energy for

that menial amount. When bigger issues loomed throughout the unit.

Poop rolls downhill

Seems in January of 2005 I had water in my heating ducts cause of

major exterior maintenance flaws. It was terrible. I had ice on the

inside of my sliding glass door. I had water running down my walls.

Every time I'd open the front door it looked like I'd opened a steam

room door. I ended up pumping approximately 350 to 400 gallons of

water out of my heating ducts. I missed about 2 weeks of work cause

it was January, I caught the worst cold. Sure I had called the

property management company. " Would a plumber be able to help you? "

was their only question. They eventually sent an engineer who had

made some very alarming observations, who's importance seemed to

disappear over time. Anyway that situation created the mold problem

in my unit. I was already dealing with the board with that situation

or so I thought. Seems the board put that on the back burner. They

were not aware that moisture causes mold.????? I went to a few of

the condo meetings to be belittled and told to get an attorney. Why?

Am I the enemy? I just wanted the cause fixed. Why do I need an

attorney?

Maybe their attorney, who's firm is widely accredited in the Chicago

area for Condo Law needed to explain how their client broke several

of the golden rules of Home Owner Association protocol.

Well I really needed one so I could deal with all the B.S. (and

that's not bachelors of science either) that was being thrown my

way. Seems once I had the place tested for mold and it came back

with elevated amounts of Stochybotrys, black toxic mold I was

without a doubt the enemy. But of course I didn't know because as

you can already guess I'm just sooooo STUPID.

Getting an attorney isn't that easy. Insurance companies don't

really cover mold anymore. All my true damage was caused by the

flooding anyway. Since I'm not in a flood plain and don't have flood

insurance. The water entered the building through faulty common

element. Leaving the association's insurance liable, but did anyone

call them??? Poop rolls downhill.

And speaking of damage. Everything I own is damaged. Most, but not

all the furniture had to be tossed cause of mold or it was

decomposing cause of excessive moisture. My dog has dermatitis and

asthma. That's right, a german shepherd with asthma? I have a pair

of Klipsch speakers that survived the moisture but were later tagged

by a contractor hired by the board. They chipped and dinged them up.

Thanks, poop rolls down hill.

Home Owner Associations are mini Fascists governments, which like

large Fascist governments are impossible to deal with. There is a

lot of work involved because of The Illinois Condo Act too, I may be

wrong but I think it was written by a guy named Adolph or something

like that. So anyway my sister who is a contract attorney tried to

help. It was nothing short of ugly. From what I've read from the

boards attorney, I'd say he's between the ages of 10 and 14 years

old. All that law school to write childish, nah, nah, nah, nah, nah,

letters. But, I was the enemy and I still didn't get it. the board

hired their own mold guy, The Mold Sensationalist Road Show. I moved

all my belongings out and me and the dog slept on my mom's floor.

The results of Mr. Sensationalist Mold Guy were radioactive. They

told me I shouldn't live there, it's unhealthy. Nobody should be in

the vicinity of my unit without full body armor. Except my neighbors

and myself of course. After The MR. Mold Guy Road Show gave his

thoughts I remediated the inside. Big mistake. Should have found a

really good litigating real estate lawyer and sued for 200 cazillon

dollars or called a TV Action line either way it would have been

easier.

The problem of course is " The Illinois Condo Act " . Our declaration

and the Illinois Condo Act do not say exactly the same thing as I

read it. I plead ignorance. I never knew The Illinois Condo Act

existed till it was too late. According to their attorney the

association owns the inside walls. Even though The Illinois Condo

Act states that unless stated otherwise in another condo instrument

the association owns the drywall. Apparently he didn't understand

that part. I don't think anybody does. If they do own it you'd think

they'd take better care of it wouldn't you? Our declaration says The

unit owner owns everything not structural or that is solely for

their unit. ??? Regardless as the unit owner I still have to

maintain it, and if it's damaged, soggy, or moldy it has to be

replaced and the sooner the better.

It took eight days to tear down, clean, re-insulate, and sheet rock.

I've got it all on video too. Pictures of moldy studs, moldy

insulation, and soggy drywall. As a benefit I have pictures of the

poor craftsmanship the builders supplied, something not readily

associated with this upscale community. You're lucky you're reading

it though, trust me. I'll never be asked to be a cameraman that's

for sure. I had a guy tape and mud the walls, he did an excellent

job. The walls are better looking now than they ever were. But, all

the time I'm the enemy and I think we're going to work together and

beat back the big bad mold monster. Boy am I STUPID. Poop rolls

downhill

September 9th, 2005 a forensic engineer from a consulting firm spent

most of the day in my unit with all kinds of measuring devices. I

figured they were trying to blame anyone they could. I've had it

retested for mold, to prove it's gone, just in case it comes back.

It's gone. The engineer's report puts all the blame on the lack of

proper exterior maintenance and poor craftsmanship. Because my unit

was the only one checked out, it was the only one with mold. Yea,

right. I didn't ever sue , but I'm still the enemy. Poop rolls

downhill.

If you stop and look at the time frame of events you'll notice my

health or any other concerns were never of any importance. The

moisture entered in January, after attending a few condo meetings

and seeing no movement I had it tested on July 25th. That's 7

months. They had The Mr. Mold Road Show test it August 18th. 8

months. September 9th, through the 30th (9.5 months) the forensic

engineer tried to blame someone other than the board, to no avail.

Now I sit here and wonder when the board is going to solve the

problems. If this time frame continues the mold will most certainly

come back. I suppose one wouldn't want to act too hastily. After

all, none of them are living it. Just some darn unit owner. Damn

those unit owners. It took 58 weeks before they started to repair

the outside. And that was just to fix the gutter drainage. And

that's all they've done too. Poop rolls downhill.

On January 19th, 2006 the consulting firm came back to find and fix

the water leak from above the patio door. They busted a hole in the

new drywall and found rotted wood on the floor of the unit above. I

guess it's easier to ruin perfectly good drywall than to ruin a

rotted floor you're going to have to remove anyway. They did find

the leak though. Their industrial hygienist was a fountain of

egotistical information. Yet she may have taken her 1st ambient air

test under unstable conditions. As both the front and back doors

were open for quite awhile just before her taking the sample. She

was lipping me for using the CDC site for my references. I'm sorry

but if I have to go to court over this, the CDC site holds more

respect than say an employee from a consulting firm. They put on a

good show for me regardless. The forensic engineer, is still the

only professional. The containment tent really didn't " contain

anything. " There is a vent in the floor that wasn't sealed off. Now

there is a hole in the ceiling in the " contained area " and there are

holes in the utility room and currently there are holes in the

master bath. They walked in and out of it often leaving the zippered

door open. The old saying " actions speak louder than words " comes to

mind through out this whole story. It was like " ER " , it looked

impressive but wasn't professionally correct. The forensic engineer

found the leak by holding toilet paper up to the ceiling, no

kidding. It just seems to fit doesn't it . Poop rolls downhill.

The preliminary results were the patio door upstairs needed

replacing and the flashing and trim work needs to be corrected. DA!

That much damage for the obvious. They did see the wood being rotted

and a non air born mold spot before removing the door though. I feel

like the board just wants to mess with me for drying out the swamp

and not waiting to die of mold exposure.

On January 31,'06 the property management company told me the door

was going to take 4 weeks to have it installed. Apparently 6 ft.

brown anodized aluminum sliding glass doors are now custom. The cost

for the people upstairs is $1900. Yes, that is nineteen hundred

dollars for a 6 ft aluminum brown framed sliding glass door.

Unbelievable isn't it? They also told me the remediating will be

scheduled tomorrow. Of course all of this is because I started

calling 3 times a day reporting my displeasure with my living

conditions. The blower that was left in the tent was louder than

most people could bear. If I had put the blower there, I would have

been fined by the board for excessive noise. But since their

contractor put it there, tough tomatoes. Poop rolls down hill.

February 1st, no replies from the property management company. no

scheduled remediating, no returned phone calls. Once again, I'm

shocked. Poop rolls downhill.

On Saturday February 4, 2006 the property management company called

to schedule remediating. I chose Wednesday February 8. After

listening to the noise for 2 weeks and missing 4 days of work for

lack of sleep now the board offers a hotel room. Once again showing

their concern. I don't think these people can defecate and do the

paperwork in 1 day. On February 3rd I had put up a styrofoam sound

barrier. It really helped a lot. Before the styrofoam the noise

level was 80 decibels. 85 for 8 hours a day has shown signs of

hearing loss. Now it 's 72-74 in the dining room. Now it sounds like

a fan instead of a vacuum. Now if I exhaust it outside??? Poop rolls

downhill.

On February 8th at about 9:15 AM the crew showed up. 45 minutes

late. Did they use the highly accredited dry-ice blast? NO! Did they

take the whole day? NO! Did they look remotely professional? NO!

Apparently they read the CDC sight also. They first sanded the

header board with a palm sander, basically removing the remainder of

the liquid nails from the builder. Then they washed everything down

with liquid detergent. They even vacuumed the rug corner with a hepa

vacuum, wow! 90 minutes later, done. No joke, done. Poop rolls

downhill.

But what about the hole in the sub floor up there? Not my job man.

Well maybe we'll be back to cover it on Friday evening. No, maybe

Saturday morning. The industrial hygienist will take air samples on

Monday. If they come back high it's because of that rotted floor.???

If you see it why test? Heck of a job. Really professional. Poop

rolls down hill.

Ok, Saturday say 10:15 AM. Encapsulate the rotted wood.???? Try

paint the rotted wood. Doesn't sound as impressive does it? You

should note that neither the CDC or the EPA recommends painting over

or caulking over mold. In fact they specifically denounce the

practice. Poop rolls downhill.

The Industrial Hygienist returned on Monday. She tested the garage

attic, my unit and the unit above. I had found the mold in the

garage attic, my concern however was a possible roof leak not

toxicity. The unit upstairs I had tested previously looking for a

possible mold life line noting the first engineer's report of

excessive moister in the windows of all 4 units. She however was now

obviously informed of who was paying her as now mold was no big

deal. Of course the encapsulated ceiling passed. It would only have

failed if seen by the CDC or EPA. Poop rolls downhill.

Tuesday night and no heat. Now what? Oh! you're kidding, rusty

connectors and excessive dust! Poop rolls downhill.

One thing that really bothers me is how all the investigating from

latest batch of engineers took place where the water ended up.

That's like having a flooded basement and blaming the basement for

the flood. That was the boards way of saying it's only one unit. Too

bad for that dope. So that's why I had the unit upstairs tested. Of

course it tested positive. One of the rules is to treat all unit

owners the same. So when the board sent the letter explaining the

mold in unit 8, they told everyone that I paid for the first test.

Why? Were they trying to show everyone that good neighbors help each

other out? I don't think so. But that letter is from their attorney.

Sometimes children don't know when to keep quiet. The unit did test

for high levels of fungi, but no toxic mold? Still, it needed to be

remediated. Doesn't even sound right does it? It's not bad, but we

still have to clean it up. No toxic mold, just high levels of fungi,

but it needs to be remediated. ? Sounds like the board needs to read

the sites. The CDC and EPA don't differentiate between types of

mold, just concentrations. Elevated is bad no matter what kind. To

me the test showed a definite moisture line between the walls. Poop

rolls downhill.

The couple upstairs are barely making it. I paid for the first test.

Just like the bathroom ceiling money I'll never get it back. Except

for the fact that it proves my point.

To assume all that water came through a small crack in the

foundation is idiotic. The only way for that much water to get under

the slab was from the roof via between the walls. Which is now

proven cause of the mold found upstairs and in the garage attic Poop

rolls downhill

The new door upstairs is in, but of course nobody replaced the sub

floor which was the cause for the new door in the first place. Nor

was anyone on site to check the structure or work performed. So now

it appears that the framing around the door is rotted. Good job door

guys. The remediating company cut out some of the encapsulated wood

leaving a few nice holes between the units. Kinda creating a garbage

can for their refuse. I didn't really enjoy cleaning up their mess

either as it fell through the sturdy plastic covering on this end.

Poop rolls downhill.

So here's a little question for you. If the upstairs unit has

a " containment tent around their patio door and they have holes in

the floor and I have a hole in my ceiling where I can see out their

patio door, but no tent. Is the board trying to kill me? Maybe, and

that would be the only way the city, state, or federal officials

will get involved. Ahhh! To be all alone. Poop rolls downhill.

Home Owner Association are supposed to make sure all the common

elements are maintained at all times. Sure, sometimes they'll have

to ask for expert advise. That doesn't mean they can't question it

or get a second opinion. One would hope that something as serious as

water intrusion would be handled quickly. I don't think 16 months

and counting could be considered quickly. Had the situation been

handled quickly I would have never lost all my stuff, tested for

mold, and lost all my respect and confidence in the HOA system. Poop

rolls downhill.

Funny thing is there seems to be more clowns by the day. The

remediating company has the tent along with a few clowns, " THE MR.

MOLD ROAD SHOW " had the king of clowns and the door company

obviously has a few too. The clowns on the board and management

company, well that says it right there. The boards attorney, well

he's not really a clown. There is a word that describes him but it

can't be printed in a family paper. Then there's the stupid clown

that owns the place, just call me the main attraction.

If you read this and " The Illinois Condo Act " and still would like

to buy a condo, buy this one, STUPID.

NOTES: Poop Rolls Downhill, unfortunately is a true story that seems

to be far from over. The condo association is Butterfield Manor. The

management company is MC Property Management. My name is Jack

Flanagan The story is written that way to help me deal with the true

stupidity of it all.

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