HARRISBURG, N.C. — A Harrisburg family was renting a house when the backyard started caving in.
Ernest Swindell says anytime it rained, part of his backyard washed away. “It looks like almost a meteor hit it,” he said.
He says he notified the company that manages the home and it filled the hole and installed a drain. But Swindell felt that was just a Band-Aid.
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“This hole is only going to continue to get wider and wider and wider,” he said.
Swindell felt the underlying problem was a retaining wall holding up the backyard. He assumed it was too weak and needed shoring up.
“It’s frustrating. It’s annoying. It’s aggravating,” he said. “It’s just a concern for safety because we don’t know at what point all this is going to be compromised.”
He thought the wall was on the Homeowners Association’s property, so he complained to the board, but says he didn’t get very far.
“Nobody wants to really step in and drive resolution,” he said.
Action 9 investigator Jason Stoogenke emailed both groups.
The management company, TouchPoint Property Management, agreed to take another look at the issue. A few weeks later, it emailed Action 9 saying crews “removed the soil from the affected area, replaced it with new soil, compacted the area, placed drainage and new sod.”
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As for the retaining wall, the HOA says it’s on the owner’s property, not communal ground, so it’s the owner’s responsibility.
“The Holcomb Woods Homeowners Association (HOA) manages common areas and shared amenities, and, as a single-family community, it does not hold responsibility for individual home or lot maintenance. In cases involving property-specific issues such as a sinkhole, the responsibility for repairs and remediation rests with the homeowner or property owner,” a board representative told Action 9. “In this case, Mr. Swindell’s property owner would be the appropriate party to address the sinkhole. We recommend continued communication between Mr. Swindell and his property manager, TouchPoint Property Management, to ensure that necessary actions are taken to resolve this issue efficiently.”
TouchPoint says crews “inspected” the wall and determined it’s “in good shape.”
Swindell hopes so.
If you’re renting a home (whether it’s a house or an apartment), remember:
- Your landlord has to make sure the property is safe and sanitary.
- So, they have to make repairs in a reasonable time.
- If they don’t, talk to your insurance about putting you up in a hotel.
- You may want to talk to a lawyer.
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