Toxic mold infests local homes, inspires lawsuits (Hayward, Calif)

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Article last updated:

Tuesday, May 22, 2001 12:50 PM MST

GROWING PROBLEM

Madeleine Heffel (above) shows a photo taken during an inspection of mold

problems at her Fox Hollow Drive home. Heffel is among more than 30

homeowners suing the builder of their Hayward hills housing development.

(Photo) SEAN CONNELLEY -- Staff

Suits seek to stop 'living a nightmare'

Toxic mold infests local homes, inspires lawsuits

By Liz Hamilton

STAFF WRITER

HAYWARD -- Madeleine Heffel thought buying a house in the Hayward hills

would give her a nice view in a good community.

Instead, the 64-year-old widow says, she has been living a nightmare.

Heffel's house on Fox Hollow Drive is infested with a toxic mold called

stachybotrys, according to Tom Bruns, professor of plant and microbial

biology at the University of California, Berkeley.

" I have been living a nightmare for three years, " Heffel said. " I did not

expect this to happen. "

Heffel bought her home from Lyons Homes, Inc., aka The Presley

Companies, in 1995. Her home is one of 152 " luxury homes " the company built

in Hayward as part of a development called Prominence.

Heffel and an estimated 30 homeowners have filed lawsuits against Presley --

four individual lawsuits and 32 multi-litigation lawsuits.

The builder's attorney, Terrence O'Hara, did not return calls seeking

comment.

In addition to the mold, Heffel says the 3,000-square-foot, three-bedroom,

three-bath home she bought for $358,000 has shoddy carpentry and faulty

household appliances. She says Presley sent contractors who did not fix the

problems.

Heffel sent a drywall sample from her home to Bruns, who identified the

spots on the drywall as stachybotrys mold. This mold is a greenish-black

fungus found worldwide that colonizes in straw, hay, paper and building

material.

" Stachybotrys is the one that people are the most worried about, " Bruns

said. " Because in large amounts it is toxic ... But the conditions in the

house need to reach a certain point before that is possible. "

The mold grows primarily on boards and wood in wet or moist areas -- for

example, it grows in wood that has been out in the rain and has not dried.

A visitor to Heffel's house can see cracks all over the walls, which in some

spots are soft to the touch.

There are water stains on the cement in the garage, and household

appliances, such as the washing machine, hot water dispenser and air

conditioner, are falling apart.

Mold is visible on the side of the house and there are different colored

panels in places where, Heffel says, the contractors tried to replace the

mold-covered drywall.

" Some people have mushrooms in their bathrooms and attached to the outside

of their house, " Heffel said. " This is ridiculous ... We shouldn't have to

live like this. "

Since the mold appeared, Heffel has tried to sell her house -- with no luck.

" I tried to sell it, but I couldn't sell it like this, " she said, waving her

hands at the cracks and water stains. " They wouldn't even let me list it ...

who wants to buy a home with toxic mold? "

Heffel filed her lawsuit two years ago and has been haggling with Presley

ever since.

" Enough is enough of this mess, " she said. " The builders have too much

power, and this needs to come to an end. "

Several other homeowners refused to comment to The Daily Review, saying

their lawyers advised them not to talk to the press.

According to a Web site called " Why Presley Homes Suck, " homeowners were

unsatisfied with the look and model of Presley homes, calling them " rat

traps. " Homeowners were worried about the property value of their homes

going down and held protests to stop production of the " inferior quality "

homes.

" Presley Homes has betrayed its own customers and is selling the development

down the toilet to bump their own profits, " wrote Web site developer Bill

Reimbold.

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To reach Liz Hamilton, call 293-2464 or send e-mail to

lhamilton@...