Condo owner fights HOA for years over repairs

Condo owner fights HOA for years over repairs


by TONY BURBECK / NBC Charlotte

Bio | Email | Follow: @TonyWCNC

Posted on November 6, 2013 at 5:54 PM

Updated Wednesday, Nov 6 at 8:44 PM

CHARLOTTE, N.C. -- A south Charlotte condo owner says his two-year-long fight with his HOA over foundation repairs hasn’t yielded physical results, despite the HOA agreeing to repairs during mediation.

James Johnson, 66, showed NBC Charlotte around his Quail Run condo building Wednesday morning on Shady Oak Trail.

"The foundation is falling apart, as you can see. The bricks are separating and it's making the building sag,” Johnson said while examining the outside.

Inside his unit are more problems, including a floor separating in the laundry room and a sunken floor in a closet.

"It sunk so bad I had to foam it to keep bugs out,” he said.

You can feel yourself walking downhill inside the second floor condo, especially as you enter Johnson’s bedroom. Cracks along the bedroom wall are marked for their growth like a parent who marks a child’s growth along a wall, except these marks are horizontal instead of vertical.

Johnson says the damage started about two years ago as result of the foundation problems.

He twice sent letters sent to the Quail Run HOA Board of Directors in 2011, pleading for repairs.

"They've done work like this before. They know what they're supposed to do,” Johnson said.

Quail Run says the HOA is responsible for maintaining portions of units, which contribute to support of the building. An HOA board member confirms the same thing.

Johnson says nothing happened in 2011.

Then in 2012, the City of Charlotte code enforcement ordered repairs.

That led to mediation in 2013. A mediation memo shows work to fix the problem, signed by a now-former Quail Run property management company employee, had been contracted by the HOA, but not scheduled.

"First they said they have no money. Then they said they're going to do it, but it's been delayed, delayed, delayed,” Johnson said.

Now, it's November, two years since those first letters.

We asked a Quail Run HOA board member why it's been a two year fight, and she called Johnson a "troublemaker."

"They're mad because I'm fighting them about different things,” Johnson said.

Issues they’ve battled over include cleanliness, garbage removal and parking.

NBC Charlotte asked where HOA rules say being a "troublemaker" means repairs taking years, but didn't get an answer at the time of this writing.

Johnson wants the repairs done as soon as possible, so he can sell and move.

"I would have to take a heck of a loss, or have to almost give it away or pay somebody to take it,” he said.

An HOA board member says repairs are “in the process” and expected to be addressed at the next board meeting.