West Virginia Record

Tuesday, February 18, 2020

Charleston condo owner sues association over ground shifting, eroding in common area

State Court

By Marian Johns | Dec 4, 2019

General court 08

CHARLESTON – A Charleston condo owner is suing her property owners association claiming the common ground area near her condo has shifted and caused damage to her condo and deck. 

Margaret Higgins filed a complaint in Kanawha Circuit Court against Hunters Ridge Property Owner's Association alleging breach of duty. 

Higgins alleges she purchased a condo at Hunters Ridge on Bowhunter Road in Charleston on June 17, 1987. Higgins alleges that the ground behind her condo has "shifted and eroded away" and has caused damage to her deck and condo. She claims the damage has caused her property value to decline and that the Hunter's Ridge POA has a duty to keep up the property and to repair the damage.

The plaintiff alleges she has contacted the defendant numerous times seeking repairs or reimbursement but the defendant has refused or otherwise failed to repair the common area.

Higgins seeks damages, a trial by jury and all other just relief. She is represented by O. Gay Elmore Jr. of Elmore & Elmore in Charleston. 

Kanawha Circuit Court case number 19-C-963

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Kanawha Circuit Court

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