Pineville Forest HOA

Lawsuit Progresses

May 03, 2005

In the event you do not know the background, The Pineville Forest Homeowners Association filed a civil suit in September of 2004 against the builder, Portrait Homes Construction Co. The suit was filed after at least 75% of all the homeowners voted in favor of filing such suit. Portrait has attempted to have the case dismissed and, failing that, has attempted to force Pineville Forest to arbitration. Our attorneys had argued against going to arbitration in our original Complaint. The judge refused to dismiss the case and refused to send the matter to arbitration, meaning it will progress through the normal steps in court.
According to Connie Morris, board member, the board had been hearing complaints from homeowners about apparent construction defects since May of 2003 when the Association first elected its own board. However, it wasn?’t until the board received the report of findings from a structural engineer (Rick Moore of Kimerly Horn) they had hired to assess possible damage that the board felt it had no choice but to file suit. All homeowners are automatically included in the suit, according to Ms. Morris. There is no need to ?“add your name or unit to a list?”, or anything of that nature.
A brief our attorneys filed in court says that the suit was filed to ?“remedy the existing defects and deficiencies in the workmanship and material used by Portrait in the construction of the improvements.?”
The case mentions, among other things, building envelopes, vinyl siding, shingle roofs, masonry veneer, windows and doors, foundation walls, gutters and drainage and pest protection. The Complaint states: ?“These defects and deficiencies have resulted in, among other things, moisture intrusion, sheathing and framing deterioration, mold and mildew growth and pest infestation.?”

The suit asks for the Association to recover its reasonable attorneys fees and ?“further relief as the Court deems proper.?”
The Complaint states: ?“Portrait owed a duty to the Association and to each Owner to construct [the buildings]. . . in a reasonably careful and prudent fashion, in accordance with accepted construction standards.?” It goes on to state that ?“We believe they were . . . negligent and failed to fulfill the duties and responsibilities owed to the Association.?” Examples listed include failure to ?“identify and correct deficiencies in construction?” and failure to ?“adequately supervise employees, contractors, subcontractors and suppliers and to inspect their work so as to identify and correct defects and deficiencies in the construction.?”
The suit also names ?“John Doe Defendants?”, who are the subcontractors, and Pineville Forest?’s attorneys are in the process of bringing the subcontractors into the suit as well.