Water Intrusion and Repairs
I have had water intrusion since moving in in 2015 in the Highlands at Stonegate North. Shortly after moving in there was a hostile takeover of my board and this resulted in a new board and new management company, M&M Property Management. While the old management was trying to solve the water intrusion issues, the new board and management company have completely ignored the issue despite structural engineering reports saying that there were visible holes in the roof around all the piping, foundation issues, siding issues, decking issues, grading issues and more causing the water intrusion. They ignored records requests on the building and legal demand letters to solve the issues stating that they would get to it when they felt like it. Since then I have filed suit. Their argument is now that they fixed the roof two years ago, ignoring all damage caused by the previous roof throughout the home. They were forced to acknowledge with the rains this summer that there are foundational issues after their engineers witnessed water dripping from the ceiling and the floor soaked in the basement. There has been no water remediation beyond blowers for a few days. They also admitted that there were over two dozen townhomes experiencing this issue and that there were construction defects they were aware of. They demolished the basement bedroom exposing holes in the decking above the ceiling and destroyed the siding on the house sealing it with masking tape and plastic wrap that ripped the first storm we had after leading to additional damages in the basement bedroom. There is significant mold down there at this point as well as in the utility closet that houses the ventilation system. The room has been unusable for six months at this point making it impossible for my daughter to come home from college. They have also failed to put a furnace cap on the roof resulting in further water damage to my furnace making it unsafe. Currently I am experiencing mold toxicity and it is affecting my health, yet they continue to stall the court case ignoring not only me, but every other neighbor who has also had water intrusion issues. They tell each homeowner that it is the responsibility of their individual homeowners insurance despite being aware that the damage is caused by their negligence. They also have lied about the amount of insurance they have and the deductible and who is responsible for it. They claim poverty on the HOA budget. They have had to admit bad faith in my case because of this. They have been told that they failed to seal the basement bedroom and it is unhealthy living here, yet continue to stall and push back court. It is now scheduled for court in March of 2024 and I live in a home filled with mold that has been tested twice at dangerous levels and a furnace that is filled with dangerous mold and is rusted out. I tried every avenue to get these issues resolved before filing the lawsuit and at this point have spent nearly $100,000 in legal fees and testing that I did not have to make them fix these problems. My house is unsellable and I cannot rent it or afford another home while paying for this one. There is no recourse other than a lawsuit and they use my own money to fight fixing the issues that have been proven over and over again are caused by their lack of maintenance of the common areas and construction defects. They actually took a settlement from the builder over these issues without ever fixing the problems. They also fail to handle shoveling snow, basic landscaping and other maintenance and there is no recourse for the owners here at Highlands at Stonegate North other than filing with the courts. Currently to my knowledge, I am the only owner with a lawsuit, but I know my neighbors are exploring their options with a class action lawsuit due to these issues.
Thank you for visiting the community engagement tool for the HOA Homeowners’ Rights Task Force.
Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.