Judge says Cabarrus County HOA didn’t maintain sidewalks it was required to

CABARRUS COUNTY, N.C. — A judge said a Cabarrus County homeowners association has a duty to maintain the sidewalks and didn’t.

Robert Beirne lives in the Skybrook subdivision. When tree roots started pushing up the sidewalk in front of his house, his HOA told him it’s the homeowner’s responsibility to fix.

Beirne told Action 9′s Jason Stoogenke he did fix it -- twice -- and it cost him more than $1,500 total.

He sued, claiming the homeowners association should be responsible for that maintenance. The judge agreed and held the board liable for breach of contract but not for Beirne’s other claim: Unfair and deceptive trade practices.

Beirne showed Stoogenke an email he said the HOA sent residents, saying it strongly disagrees with the court’s ruling on the breach of contract and is weighing its options, including appeal.

Stoogenke reached out to the board directly but hasn’t heard back.

When this case first came to Stoogenke’s attention in 2020, the board’s lawyer had argued the sidewalks are not common areas. They said nothing in the HOA’s original covenants or the Register of Deeds office says otherwise, so the HOA shouldn’t be responsible.

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