INSPECTION: MOLD IN AIR DUCTS, AIR CONDITIONING UNIT AT CERU BOCA RATON. CUSHMAN AND WAKEFIELD, AREIT SUED.
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — The luxury apartment complex known as “CERU” at 5205 Congress Avenue in Boca Raton is facing a toxic tort lawsuit after a tenant claims he was exposed to mold in the unit which left him ill. An independent inspection, according to the suit, confirms a high level of mold spores in the apartment. Apartments at CERU lease for as much as $5,000 a month.
Michael Collins, in his suit against owner “Areit” and management company Cushman and Wakefield, says he experienced health problems after taking possession of the unit earlier this year. As the health problems continued, and Cushman and Wakefield allegedly refused to inspect the unit, he retained his own independent inspection company. From the suit:
“On or about March 15, 2024, Plaintiff entered into a residential lease agreement with Defendants for rental of the Unit in which Plaintiff resided for the period of March 15, 2024 to July 31, 2024. At all times during which Plaintiff leased the Unit, and Plaintiff spent endless hours regularly living in the Unit, Defendants knew, or should have known, that water, moisture and environmental conditions existed in the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself, including repeated water intrusion events from the roof, windows, AC units, air handlers, ducts and vents, wall cavities and other elements and fixtures, which fostered toxic mold, to not only develop, but also to flourish and permeate the air quality and conditions within the Unit.
At all times material hereto, Defendants knew or should have known that the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself, were poorly inspected, maintained and repaired forming the breeding ground for toxic mold. At all times material hereto, Defendants knew or should have known of the existence of dangerous levels of toxic mold in the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself, and that these toxic environmental conditions were caused, at least in part, due to negligently maintained the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself. At all times material hereto, Defendants, as property manager and owner of the Apartments, owed Plaintiff, as tenant, a legal duty to properly control, inspect, maintain and repair the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself, so that toxic mold did not permeate the air quality and conditions in the Unit.
Despite the fact Defendants knew or should have known of the dangerous levels of toxic mold forming in the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself, in the exercise ofreasonable care, Defendants failed to adequately control, inspect, maintain and repair the building structures, elements and fixtures of the Apartments connected to and affecting the Unit, and in the Unit itself, which caused toxic levels of mold to exist in the air quality or about the Unit. Based upon his continued decline in health, on or about July 10, 2024, Plaintiff retained the Mold Inspector (“MI”) to test for mold in the Unit. (A copy of MI’s July 10, 2024, [the “Report”] is annexed as Exhibit “A”). MI found extremely elevated levels of toxic molds, including 56,520 spores of Cladosporium of per square centimeter in the HVAC Air Handling Unit of the Unit.
The levels were based upon laboratory results from swab samples from the HVAC Air Handling Unit of the Unit. After he received the Report, Plaintiff advised Defendants about the mold infestation in the Unit, his mold-related health problems, and demanded that it be properly remediated. As Defendants failed to remedy the mold problem, Plaintiff vacated the Unit on or about July 31, 2024, and some of his mold-related health symptoms have improved, but have not gone away.
As a direct and proximate result of Areit’s negligence, Plaintiff sustained severe and significant personal injuries, suffered bodily injury resulting in pain and suffering, disability, disfigurement, scarring, mental anguish, loss of the capacity for enjoyment of life, medical and nursing care and treatment, loss of ability to earn money and/or aggravation of previously existing conditions. In addition, Plaintiff sustained property damage to his personal property as a result of Serramar’s negligence.”
Mr. Collins is represented by Attorney Mitchel Chusid of Chusid, Katz, and Sposato LLP of Coral Springs. Neither Cushmand and Wakefield nor Areit had responded to the suit through a public court filing as of the morning of August 22, 2024. Read the complete complaint here. The lawsuit seeks in excess of $50,000 which is the statutory minimum for filing in Palm Beach County Circuit Court.
