Court: Condo managers who dragged feet fixing roof leaks can't claim statute of limitations has run out

The Massachusetts Appeals Court today reinstated a Chelsea condo owner's lawsuit against her condo trust and management company over leaks she said were so bad she had mushrooms growing on her doorframe and she eventually had to flee the unit on her doctor's advice.

A lower-court judge had tossed Denise Doherty's lawsuit against Admiral's Flagship Condominium Trust, Lundgren Management Group, Inc. and Construction by Design, Ltd. ruling her 2009 suit came after the expiration of the three-year statute of limitations for such actions, because the first leak sprang in 2004.

But the appeals court ruled the three-year period started in March, 2006, when a mold specialist she hired reported finding "hazardous mold in unsafe levels." She filed her suit in February, 2009 - within the three-year period and several months after "the plaintiff's doctor ordered her to vacate her unit due to the presence of the mold."

The court noted Massachusetts has yet to address the issue of a statute of limitations for water leaks that eventually turn into potential health hazards, but said it agreed with rulings in other states that "without some indication of a hazardous contamination, the plaintiff could not have been aware that she was being exposed to toxic mold, regardless of when the leak began," at least not until she had an inspection done.

• Complete ruling, Denise Doherty vs. Admirals Flagship Condominium Trust and others