Contract – Real Property – Condominium Declaration – Repairs – Out-of-Pocket Expenses

Where the parties’ condominium declaration says the defendant-homeowners’ association (HOA) will “repair” any incidental damage that is caused to a condo unit during common area repairs, this promise to “repair” does not encompass out-of-pocket expenses caused by common area repairs. Although the common area repairs at issue required plaintiff to vacate her condo unit for two years, the HOA is not responsible for the out-of-pocket moving, storage, and living expenses she incurred while forced out of her unit.

We affirm summary judgment for the HOA.

Gehrke v. The Gates at Quail Hollow Homeowners’ Association, Ltd. (Lawyers Weekly No. 012-575-22, 6 pp.) (Richard Dietz, J.) Appealed from Mecklenburg County Superior Court (George Bell, J.) James Galvin for plaintiff; Brett Dressler for defendant. 2022-NCCOA-921