'Not our responsibility,' HOA insists over sidewalk battle that cost homeowner $1,500 – but he took them to court | UGRMZ41 | 2024-02-14 19:08:01
Robert Beirne had a problem again in 2020 with tree roots pushing up the sidewalk in entrance of his residence in Cabarrus County,
A HOMEOWNER went to courtroom after his HOA stated maintaining a sidewalk wasn't part of their duties.
Robert Beirne had a problem again in 2020 with tree roots pushing up the sidewalk in entrance of his residence in Cabarrus County, North Carolina.
The sidewalk created a tripping hazard that Beirne needed to resolve.
"I've tripped in here before strolling the canine at night time," he advised ABC affiliate, WSOC-TV.
"The first time was a few three-inch raise and this final time was about an inch-and-a-half carry."
He brought it up together with his homeowner's association, who informed him that it was his duty to repair it.
Beirne had to fix the sidewalk twice, costing him a complete of $1,500.
He believes his HOA ought to have footed the bill, especially as a result of it's a standard problem in the neighborhood.
"It's been very frustrating," stated Beirne. "The HOA is right here to ensure that our group is beautiful and protected and these sidewalks aren't presently protected."
He sued his HOA, claiming that the group should have been chargeable for maintaining the sidewalk.
Beirne stated that he and his lawyer contemplate the sidewalk to be widespread areas, which must be maintained by the board.
The decide agreed with him, holding the board answerable for breach of contract however not for Beirne's other declare of unfair and misleading commerce practices.
<!-- End of Brightcove Player --> Beirne stated the HOA despatched an e-mail to residents saying that it strongly disagreed with the court's ruling on the breach of contract.
The HOA stated it's weighing all of its legal choices, which might embrace a potential attraction.
The board's legal professionals advised the outlet that the sidewalk is just not thought-about a standard area and subsequently isn't their duty to take care of.
"Robert Beirne's claims within the lawsuit he filed towards Skybrook Householders Association on January 10, 2020, aren't supported by legal guidelines and details," learn a press release from the HOA's lawyer.
"Particularly, the inference that the sidewalks within the subdivision are widespread areas owned by the Association is expressly contradicted by publicly out there paperwork recorded with the Cabarrus County Register of Deeds Workplace.
The assertion ended by saying that the security and well-being of residents "has all the time been and will continue to be a precedence for the Affiliation."
The U.S. Solar has reached out to the Skybrook Householders Association for remark.
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