Residents of Bluffton condo complex sue homeowners association for failing to maintain roof
A family at the Townes at Buckwalter in Bluffton is suing their homeowners association for not maintaining the outer structures of their condominium, claiming the HOA’s failure to address the roof’s water damage resulted in a sickening infestation of fungi, mold and dangerous bacteria.
Kerri and Timothy Parks filed a suit in Beaufort County court Dec. 22 seeking compensatory and punitive damages from the HOA and Atlantic States Management, which manages the property. The defendants answered last month.
In their suit, the Parkses claim that the HOA and property management company “had a duty to inspect, maintain, and repair the roof, windows and outer wall of the premises” but failed to do so, allowing water to infiltrate the home. This, the Parkses claim, led the property to become infested with toxic mold and bacteria that made them and their three children ill and the property partially uninhabitable.
The Parkses say they notified the HOA and property management company of the water damage, but the problems were not fixed.
In their seven-page response, the HOA and property management company categorically denied the homeowners’ allegations, noting that any problems experienced by the Parkses were a result of their own negligence and that the HOA was not given proper notice of the poor conditions.
In an email statement to The Island Packet, the HOA’s counsel Evan Bromley said, “The Townes At Buckwalter Homeowners Association Inc., and the management company have been diligently investigating this resident’s concerns. We cannot comment further on pending litigation.”
The Parkses declined to comment, citing pending litigation. Their lawyer, Darrell T. Johnson, said these sorts of lawsuits are not unusual in multifamily settings where the HOA bears a responsibility to maintain shared property, such as roofing and gazebos.
The Parkses are far from the first in the county to fight over whose responsibility it is to maintain shared property. Apartment complexes in Port Royal and Hilton Head both have gotten into trouble with the towns’ governments for not meeting code requirements, often because residents complained about living conditions.
Stefan Bauroth owns property at the Townes and was the first president of the homeowners association’s board. He’s known the Parkses since they moved into the Townes nearly 10 years ago and says he is incensed by the HOA and property management company’s refusal to fix the water damage.
“It’s not just a cosmetic issue, it’s a health issue,” he said. “Simply turning a blind eye to it absolutely floors me, and I just do not understand what the disconnect is and why they’re refusing to do anything.”
Mediation is scheduled to begin July 20, and if that fails, the court will hold a jury trial as requested by both parties, Johnson said.
This story was originally published March 2, 2021 at 9:17 AM.
