Updates: Chinese drywall, termites and HOAs
The Chinese drywall calamity continues to plague hundreds of American homeowners. To date, 10 class-action lawsuits have been combined into a single suit under a U.S. federal judge in New Orleans. Titled, “Chinese-Manufactured Drywall Litigation,” it unites eight lawsuits out of Florida, one from Louisiana and one from Ohio. Upward of 60 other lawsuits that have been filed will eventually be included.
On the political front, three U.S. Senators and one Representative have written to the U.S. Internal Revenue Service asking for help for homeowners with Chinese drywall issues. The congressmen are looking for the IRS to allow a federal tax deduction for any ”costs incurred by homeowners who have fallen victim to Chinese drywall.” It is hoped that victims of this fiasco could file these expenses as “casualty losses,” as described in section 165(h) of the tax code.
The termite suit in northern Michigan has been decided. The state Supreme Court has ruled in favor of the sellers of a Leelanau County home, Mr & Mrs Robert Saffell. The buyers, Mr & Mrs Richard Roberts, sued after the purchase, accusing the sellers of not disclosing a termite infestation. The Saffells claim was they were unaware of the infestation, which made the house “structurally unsound.” Michigan disclosure statements warn buyers to secure a home inspection to determine the constructural state of a property.
On the HOA front: A few weeks ago I wrote about an ex-Marine whose Home Owners Association (HOA) was ready to fine him for displaying Marine decals on his vehicle. By letter, they even threatened to tow his car at his expense. The president of the HOA was conveniently on vacation after sending the letter. Frank Larison contacted a lawyer and let the date of the ultimatum come and go.
HOA president Darenda Hardy has returned to suburban Dallas and is surprised at all the national attention these circumstances have drawn. “I was in Tyler fishing,” she said, “and someone called and told me. I thought it’d all blow over by now, but it didn’t.” Larison’s attorney hand-delivered a letter to Hardy on behalf of his client, advising the HOA to stop threatening Larison with removal of his car. Her verbal response was that the board needs to review and clarify its policy, which doesn’t allow for “business advertising” on cars. Until that determination is made, Larison still finds himself in the middle of a “sticky” situation.
Posted by Sharon Walker
Tags: Chinese drywall, frank larison, homeowners association, termites
The defective Chinese drywall debacle has been making news for months now, with homeowners plagued by sulfur fumes that smell like “rotten eggs” and cause air conditioning coils to corrode. Residents complain of sinus and respiratory ailments, eye and skin irritation, persistent runny or bloody noses, headaches, and asthma. Some situations were so severe that residents had to vacate their homes. In some cases, victims have been harassed by builders into signing unfair, one-side remediation agreements. The issues surrounding defective Chinese drywall are confusing and worrisome. Here is a good blog that has been providing emerging and valuable information on the problems: http://www.chinese-drywall-answers.com
August 13th, 2009 at 7:09 am
Cynthia,
Thank you for passing along the web site. I hope our readers will find it resourceful.
Sharon
August 17th, 2009 at 4:59 pm
Inspection and remediation protocols are being introduced in Orlando Florida on October 25-27, 2009 This is the first protocol for inspection and remediation that is being released.Their web site is http://www.usbcinc.com
September 11th, 2009 at 3:02 pm
Annie,
Thanks for passing along the information.
Sharon
September 14th, 2009 at 8:53 am