Who pays for foundation problems?

[Jacque Huffman]

What is the name of your state? North Carolina

My elderly mom lives in a 55+ community. The patio houses/condos are brick, one story, built on slab and linked in groups of six units. Her unit is 12 years old and over the past year has developed cracks in drywall that are growing. The CCRs specifically mention roof and all exterior maintenance as responsibility of HOA, however, the word foundation is not used. A builder friend (not of these units) has told us he strongly believes it to be a foundation issue most likely stemming from severe drought in the South. HOA is saying it's not their responsibility. How should I proceed as I will become her spokesperson? I am eager to find out the specifics of the problem by consulting an engineer but have been warned by my builder friend not to assume any responsibility yet by those actions?

[FarmerJ]

Id suggest talking to a Attorney who has good background with condo contracts and perhaps construction defects.

[HomeGuru]

Yes I agree and to get further specifc have Mom hire an attorney that specializes in construction defects for HOA cases.

[Jacque Huffman]

The mgmt company was going to send someone to inspect, however, then changed their mind. They say the units are townhouses, not condos, and foundations are the individual owner's responsibility. How can that be if slabs are shared in groups of six units? Is there a difference in townhouse definition?

[LindaP777]

Originally Posted by Jacque Huffman

How can that be if slabs are shared in groups of six units? Is there a difference in townhouse definition?

I own 3 PUD's (they look like townhouses). They are in quads (4 hooked together). But you actually own the ground they sit on and up. So all maintenance, including foundation and roof, is done by the homeowner. It really depends how they were set up and sold, but I'm not sure which documents would tell you this.

[HomeGuru]

Originally Posted by Jacque Huffman

The mgmt company was going to send someone to inspect, however, then changed their mind. They say the units are townhouses, not condos, and foundations are the individual owner's responsibility. How can that be if slabs are shared in groups of six units? Is there a difference in townhouse definition?

**A: read the Declaration.