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HOA in Daybreak files lawsuit against homebuilders

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SOUTH JORDAN — Leaky roofs, leaky windows and damage to insulation: just some of the problems homeowners in a Daybreak neighborhood are dealing with. Now the HOA has decided to sue the builders of the nearly 10-year-old homes.

Kori and Mason Emerson were among the first to move into their Daybreak neighborhood back in 2009.

“It felt like a neighborhood. And there's a gazillion kids, which is great too,” Kori Emerson said.

Six years after moving in, the couple started to notice some problems with their three-bedroom townhouse off of Topview Road.

“Roofs were starting to leak. There was a lack of insulation," Kori Emerson said. “Even the windows were not sealed correctly.”

“[The siding] is falling apart down here," Mason Emerson said, "and ours is light compared to others.”

The Emersons went to their HOA with the complaints and found they were not alone.

The Daybreak Townhome 1 Owners Association did individual assessments and found issues with construction of the townhomes and attached homes. At a community meeting at Eastlake Elementary School Tuesday, board members told residents the cost to repair damage to all 389 units would be nearly $23 million.

For many homeowners, it was extremely unwelcome news.

“There are people in this community that cannot afford the HOA (fees) to go up,” Kori Emerson said. “They just can't."

Residents said the board decided Tuesday night to increase HOA fees by $55 dollars a month starting May 1, until the end of 2017. The board will re-evaluate fees for 2018 in December.

Lawyers for the HOA have filed a lawsuit against the builders, Holmes Homes and Hamlet Homes.

Representatives from both homebuilding companies told KSL News they would not comment on ongoing litigation.



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Ashley Moser


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