A homeowner in Cabarrus County has won a case against his homeowners association. The judge ultimately ruled that the HOA sidewalks were the association’s responsibility, not the homeowner’s.
HOA Sidewalks Deemed Association’s Obligation
A judge has ruled that a homeowners association in Cabarrus County, specifically within the Skybrook subdivision, must maintain sidewalks but failed in this duty. The resident at the center of the dispute is Robert Beirne.
Beirne encountered issues with tree roots, causing damage to the sidewalk in front of his house. Despite Beirne’s efforts to address the problem at his expense, the HOA contended that homeowners are responsible for such fixes. The repairs cost Beirne around $1,500.
Dispute Turned Into a Lawsuit
Taking the matter to court, Beirne argued that the HOA should bear the responsibility for sidewalk maintenance. The judge sided with him, holding the board accountable for a breach of contract. However, the ruling did not extend to Beirne’s additional claim of unfair and deceptive trade practices against the HOA.
Beirne shared an email from the HOA, which strongly disagreed with the court’s decision on the breach of contract. The email also indicated that the HOA is exploring its options, including the possibility of an appeal.
The situation initially came to light in 2020. The board’s lawyer argued that sidewalks were not considered common areas at the time. According to the lawyer, no indication in the HOA’s original covenants or the Register of Deeds office suggests otherwise. This supposedly made the HOA exempt from sidewalk-related responsibilities.
