CHARLOTTE, N.C. — Nearly six months after a tree fell on Chanthy Horn's east Charlotte townhome, her homeowners association has yet to fix a hole in her roof, resulting in thousands of dollars in preventable damage.
"It shouldn't take this long," Horn told WCNC Charlotte. "All I get is the runaround."
Horn said the initial damage occurred in late September, just when she and her fiancé Mark Bass started preparing to put the townhome on the market. Horn said she had the tree removed herself and then quickly alerted their HOA of the underlying damage to their roof.
Legal documents show those repairs are the responsibility of the HOA.
In the months since, only a tarp has covered the roof, exposing the home to the elements.
"It's uninhabitable," Bass said. "Rain is pouring through the outlets in the walls. The ceiling is falling in upstairs and now it's poured down into the laundry room and the ceiling's caving in in the laundry room. The subflooring in the bathroom has gotten spongy now."
In the meantime, Horn said she continues to pay her monthly $185 Kimmerly Woods HOA dues for a home she doesn't feel safe living in.
"I'm paying it every month on time and we expect the same courtesy," she said. "It's ridiculous."
Horn said her community's property management company changed last summer with Cedar Management Group taking over responsibility.
In response to WCNC Charlotte's questions, CMG said it would hire a contractor to make the necessary repairs by the end of March, but wouldn't explain why repairs have taken so long.
"It must be stated for the record that the Kimmerly Woods Home Owners Association (HOA) did in fact respond immediately to the above stated matter," the company said in an email. "This occurred once we received proper notification of the existing problem. It should also be noted that the homeowner took certain action. Prior to following the existing HOA protocols for matters of this nature. That being said the HOA has and will continue to exercise it's due diligence in rectifying this issue. Please note as a matter of course our fiduciary responsibility compels us to obtain multiple estimates prior to authorizing any contractual agreements of this magnitude. Having done so we will be making a decision on the contractor that will be making the necessary repairs by March 31, 2023."
A separate email provided by Horn shows the HOA received an initial quote as early as November, but needed approval from the board of directors before moving forward.
Just weeks prior, Horn emailed the HOA to warn the damage might get worse over time.
"It's gotten gradually worse and worse," Bass said.
State records show people have filed more than two dozen complaints with the North Carolina Attorney General's Office since 2020 naming CMG, including a complaint filed in January about an 83-year-old's damaged condo roof in Hickory. Her daughter told WCNC Charlotte it took several months for the company to make repairs.
Attorney James Galvin specializes in this area of the law. He said, generally, the best way for homeowners to protect themselves is to do their research before moving into a community.
“What most people don't realize is what a significant role an association and its board can play in your day-to-day life," Galvin said. "When things don't go well, it can really be a big deal for your life and your wallet."
WCNC Charlotte is always asking "where's the money?" If you need help, reach out to WCNC Charlotte by emailing money@wcnc.com.
Galvin said buyers can require a seller to hand over information about the financial health of the HOA, as well as meeting minutes to get a feel for how responsive the association is when concerns arise.
"What the minutes will also do is give you a sense of the personality of the board," he said. "Is this a board that has a heavy hand on enforcement? Maybe, that's something you like or maybe that's something you don't like. Is this a board that, when repairs need to be made, they take care of the unit owners or is it dragging their feet and is it taking a long time?"
If you already belong to an HOA, Galvin said it’s critical to get involved, so if and when a problem surfaces, relationships already exist.
"There is a cost of non-involvement," he said. “Your rights will be more easily ignored if the board's not hearing from you, if you're not participating.”
While homeowners can take legal action against an HOA, Galvin said the less expensive option is to force a meeting to hold a recall board election, which requires a petition signed by 10% of voting members.
"That can be a fairly drastic remedy, but boards making decisions and board members making bad decisions can have a great cost to an individual owner," Galvin said. "Frankly, it can be less expensive and more effective to just change the political dynamic."
Back in Kimmerly Woods, Horn and Bass are especially bothered by the fact that the HOA quickly repaired another homeowner's roof.
"The slap in the face is they have somebody else's fixed that happened two months later," Bass said.
Horn received another "slap in the face" in recent days. The HOA has since accused her of violating the neighborhood’s rules, warning the board will fine her if she doesn’t treat the bare spots in her lawn.
The HOA covenant reviewed by WCNC Charlotte shows it's the HOA’s responsibility to maintain the lawn on each lot.
"Now they are being petty," Horn said.
The board later retracted the violation letter, Bass said.
Contact Nate Morabito at nmorabito@wcnc.com and follow him on Facebook, Twitter and Instagram.