Homeowners caught in the middle of a battle

April 2, 2008 5:15:47 PM PDT
Homeowners in the Providence of Raleigh sub-division are faced with a fine of $100.00 a day all because of the siding on their home.

These east Raleigh homeowners say it's all because they're caught in the middle of a fight between their builder and developer.

A homeowner, Allison Chisley tells Troubleshooter Diane Wilson, "It's ridiculous we're not going to pay $100 a day."

These homeowners received a letter from their home owner association informing them they're in violation of their HOA covenants because the builder put vinyl siding on all their houses.

Kenyatta Elliott adds, "It's just not an approved material. We had nothing to do with it. We bought the home and two years later they're saying it's the homeowners fault."

That's the homeowner's biggest complaint. They all bought their houses brand new and now the HOA is coming after them threatening fines of $100 a day if they don't remove the siding.

Even more interesting, houses continue to be built with the same vinyl siding the HOA does not approve. Peter Hamiwka adds, "The HOA can put liens on the houses if we don't do it, sell if for the lien and we're out a lot of money."

Peter says he called the HOA, builder and the developer. He says he was shocked what the developer told him. He says the developer told him, "He says I'm using you as pawns against the builder. I want to get rid of this nasty a** builder Comstock. He said stay out of it. Give me 30 days, and I said I can't you brought us into it."

The President of Comstock confirms the dispute, saying it all stems from recent litigation Comstock filed against the developer.

He provided us with this statement, "Comstock and its purchasers are being noticed with alleged violations nearly two years after construction and sale of the homes, and only after Comstock filed litigation against the defendant this past October for its failure to construct the pool and recreational amenities for the Project as required by our contract.

The Defendant in the present litigation controls the Association and is now inappropriately attempting to direct the Association against our homeowners in retaliation for our claims. You can be sure Comstock intends to be proactive in its defense of the increasingly desperate conduct of the Defendants and stands behind its homeowners 100 percent."

Troubleshooter Diane Wilson talked with the developer, Stewart Marlowe, he wouldn't comment saying it's under litigation, but did add it will work itself out. That's little consolation for these homeowners. Kenyatta Elliott says, "It's crazy as we the homeowners are stuck in the middle of whatever Comstock and this developer is feuding about."

The homeowners say they're considering court action against the HOA, as they say the HOA should be protecting them, not putting them in the middle of the dispute. The representative for the HOA had no comment on the matter.


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