Sheri Weaver, 38, said she and her husband have found mold and leaking water in their $276,000 home. But what bothers her most now, she says, is that her son's friends are moving away. -- Matt Kryger / The Star     What's next • 2,100 homeowners have until Sept. 27 to opt out of the class-action suit and refuse to participate in the settlement. They also can object to the settlement in writing by that deadline but remain in the class action. • Judge Bernard L. Pylitt of Hamilton Superior Court will consider the fairness of the proposed settlement at an Oct. 18 hearing.

ZIONSVILLE, Ind. -- When Sheri Weaver tells people she lives in the Brittany Chase subdivision, the reaction is almost like she's had a death in the family.

"Is everyone OK?" she is often asked.

"I just tell them my neighbors have it worse than me."

The subdivision of $200,000 to $500,000 homes has become the focal point for the mold problem gripping housing developments in some metro Indianapolis counties.

Fifty of the neighborhood's 127 homes are now vacant because the builder has bought them from their owners to eliminate the mold.

Some of the remaining Brittany Chase residents say they are trapped. No one will buy their homes, and their investments are too big to walk away from.

Judge Bernard L. Pylitt of Hamilton Superior Court will decide this fall whether to accept an estimated $24 million settlement of a class-action lawsuit brought by homeowners against builder Trinity Homes and parent company Beazer Homes. The proposed settlement was made public recently.

Under the proposal, Trinity would pay for repairs under the supervision of an engineer chosen by the homeowners. After repairs are done, homeowners would receive an engineer's certificate stating that remediation is complete. They would also get a two-year warranty on the work.

Brittany Chase was once one of the Zionsville area's most desirable neighborhoods. Drawn by two-story brick houses, large lots and the reputation of nearby schools, families flocked to the neighborhood starting in the late 1990s.

It borders other subdivisions with large, high-priced homes in an area of Eagle Township where housing and commercial developments blend with open fields of green grass.

Houses in Eagle Township sell for an average of $329,785, well above the Boone County average of $219,516, according to the Metropolitan Indianapolis Board of Realtors. Homes typically sell in 60 to 90 days.

But four Trinity-built homes in Brittany Chase that went on the market in the past year haven't sold, said Richard Felton, president of the Brittany Chase Neighborhood Association.

"By the time they were put up for sale, the negative publicity (about the mold) had killed the market," Felton said.

Some residents contend their home values also are plummeting because Trinity has failed to maintain the vacant houses. The grass was cut recently, but in some places the fine touches so often a part of suburban life were missing, such as edging and trimming.

Trinity contends that a "vocal minority" of residents are exaggerating the situation.

The company is maintaining the vacant homes sufficiently and is confident they will sell as remediation work now under way is completed, said Michael Rosiello, a lawyer for Trinity.

"Trinity is doing a great deal," Rosiello said. "There will always be people who are dissatisfied. Trinity is going the extra mile."

Christopher J. and Mary A. Colon, who claim they had mold in their Noblesville home, originally filed the class-action lawsuit in 2003.

An estimated 2,100 homes built in the Indianapolis area -- including many in Boone, Hamilton and Hendricks counties -- from 1998 to 2002 are part of the mold court case. Trinity and Beazer say the number of homes that actually have mold is much smaller.

The mold can cause health problems, including nasal stuffiness, other forms of breathing difficulties and eye irritation.

Homeowners allege that improperly installed brick veneer, incorrect grading of soil and leaky roofs caused the problem.

The issue surfaced in Brittany Chase in 2002 when a mushroom was found growing from the floor of an office in Brian Farrow's home.

Farrow, his wife and their two children moved out for nine months while workers tried to rid their $255,000 home of mold. Trinity paid them a monthly stipend while they were out of the house.

When they moved back in, tests showed the mold was still present, Farrow said.

Farrow, 28, said he is trying to sell the house.

About 20 prospective buyers have looked at the house since it was put on the market six months ago, but "when the mold issue comes up," they lose interest, he said.

Farrow said his young daughter had to endure 20 needle shots as part of her treatment for allergies to mold. Two doctors have recommended that the family move from the house because the girl frequently has difficulty breathing and a severe cough, he added.

Trinity does not believe the mold issue has made the homes difficult to sell, Rosiello said.

He said part of the problem is that some residents have spoken negatively about the subdivision to the media.

"Who's really driving down the value of the homes?" Rosiello asked. "If you had a car for sale, would you say (bad things) about it to the newspaper?"

The mold problems have put a stigma on Brittany Chase, but it will bounce back after a few years, said Michelle Decatur, a member of the board of directors for the Metropolitan Indianapolis Board of Realtors.

Zionsville "always has been a (hot housing market) and always will be," Decatur said. "It's an upscale Mayberry."

Early in the controversy, Trinity bought 50 homes from the owners. The company made the offer to a limited number of homeowners and refuses to buy any more.

Homeowners now have until Sept. 27 to decide whether they will opt out of the proposed settlement or pursue other legal action.

Their lawyers are recommending they remain part of the class-action lawsuit.

"We get more relief than we would under a (court order)," said Richard Shevitz, one of the lawyers for the homeowners. "I can't imagine why any homeowner would not want to take advantage of it."

But Weaver and Brittany Chase resident John Knabel say they might opt out.

Sheri Weaver, 38, said that besides the mold, water leaks into the house that she and her husband bought for $276,000 four years ago.

She quit working and planned to raise their three children in the house before discovering in 2002 that a leaky window and pungent odor in the house were the result of mold.

What bothers Weaver most now is that her son's friends have moved away. Many of the homes surrounding hers are empty.

"I have caught my son crying three times because his friend is moving," she said. "A lot of kids are left with no one to play with."

Knabel said he and his wife moved into the neighborhood in February 2001 after buying a $255,000 home. A year later, they noticed a strong odor, and Knabel learned his wife's headaches were caused by mold.

The family of four moved out for nine months while work crews tried to remove the mold, said Knabel, 37, an airline pilot.

He paid $2,000 in April to have tests conducted; they revealed mold was still present.

"It's just upsetting," Knabel said. "I have no confidence in Trinity to properly fix my home."