State-Journal.com - Couple wrangles with builder over problems with home

Photo By State Journal/Hilly SchifferRon Conroy points to the brick around the front door of his home where he believes it is structurally unsound. The $240,000 home was built in 2006 at 104 Goring Lane. State Journal/Hilly Schiffer

When Ronnie and Bobbie Jo Conroy moved to Frankfort from Florida in 2006 they thought their $240,000 new home in Augusta subdivision off Cardwell Lane would be their last.

Now they say the house is dangerous to live in because of high levels of mold and structural problems and they want out.

Bobbie Jo Conroy, 51, is a nurse in outpatient surgery at Frankfort Regional Medical Center, and her husband, 52, is semi-retired from a trucking business "because of a lot of health issues," she said. "All the stress of this has not been good."

Ronnie Conroy said he's a cancer survivor, and has had numerous medical operations, including brain surgery following a vehicle accident. He said living in a house with mold aggravates his health problems.

He said the estimated repair damages are about $70,000, "not counting the mold issue. We had air sample testing done in this home and it is through the roof, high levels of mold."

Bobbie Jo Conroy said the "people who have given us estimates on repairs don't want to do the work because it's too much of a liability."

Besides blaming the builder " Capital Homes Inc. and Barry G. Williams - the Conroys claim the Franklin County Planning, Zoning and Building Code Enforcement office failed at its job.

"If the code office had been doing its job, we wouldn't be in the predicament we're in," Ronnie Conroy said.

The Conroys said they initially planned to retire here - where the countryside reminds them of upstate New York, their original home.

They said they loved the looks of the 3,000-square-foot, three-bedroom brick house at 104 Goring Lane.

"But looks were deceiving," Ronnie Conroy said.

The Conroys filed a lawsuit in Franklin Circuit Court last year against the builder. Then an amended complaint was filed in court this year against the defendants, alleging respiratory and allergy problems from high levels of mold in the house.

In the suit the Conroys seek actual and punitive damages and that the house contract be rescinded.
Williams - in his response to the suit - denies breach of warranty and contract, negligent construction,
fraudulent misrepresentation and other allegations. Williams also has filed a motion to dismiss the case.

The lawsuit is pending.

Williams could not be reached for comment.

Ronnie Conroy, in June 2007, notified the county planning office of code violations. In a fax to the planning office, Conroy said the "builder turned over this home to me with no vapor barrier intact, which is required."

Conroy also said the heating and air conditioning system was "in need of major repairs. There are other problems structural engineers have found," and Conroy said he had informed the builder about a "leaking roof and windows that don't work."

Conroy said in Augusta, several builders had code violations "and somehow they were granted certificates of occupancy.

"This code office is paid for by tax dollars to protect the consumers or public buying homes. This is a big disservice to the public and can become very costly to the person who has one of these homes with one of these code violations."

Conroy told The State Journal he wonders how many other new homes in the county with a crawl-space foundation may not have the "intact sealed vapor barrier under their home." Since 2002, it's been a
state requirement before a certificate of occupancy can be issued, he said.

"It is a thick plastic that is to be completely sealed up the sides of the foundation and cover the entire floor so no moisture gets at the insulation, floor joists, wood floors, and to stop health issues such as mold and mildew from getting in your home," Conroy said.

In April of this year Conroy said it had never been dry under their house, despite the 2007 summer drought.

When Williams applied for a building permit, he listed ManleyWhitehouse Concrete Construction Co. as the foundation subcontractor, Conroy said.

However, a letter to Conroy from ManleyWhitehouse in June 2007 said, "We have researched our files and find absolutely nothing as to where we have done any work whatsoever for a Barry Williams. We also do not show anything for the address of 104 Goring Lane."

In an April 2008 letter responding to Conroy's complaints about the planning office, County Attorney Rick Sparks, said, "To the extent you are making a claim for damages relating to the county's inspection, that claim is denied. The county inspectors correctly applied the code as applicable at the time of inspection.

"Furthermore, your allegation fails to state any claim for which a remedy against the county may be had."

Sparks said any issues relating to a "breach of the new home warranty is exclusively an issue between you and the builder. I understand you and Mr. Williams are already involved in litigation on this matter and no allegations whatsoever are presented against the county in that case."

Conroy then sent a letter to Franklin County Judge-Executive Ted Collins saying Sparks misunderstood his complaint.

"(Sparks) thought I wanted financial restitution or award from the county for the actions of the code office not fulfilling their required jobs doing code inspections," Conroy said to Collins.

Conroy told Collins he just wanted the county to "take necessary actions against the code employees," for not doing their job when they're paid with tax money "to protect consumers from homebuilders and possible shortcuts."

In a Sept. 18 letter to county Planning Director Robert Hewitt, Conroy requested stop work orders on two new homes being built on Goring Lane. Conway said he believes those homes "are already illegal and in violation of Kentucky code."

"I do not want to see another owner in here get into the same dilemma I am in because of these builders not meeting code," Conroy said in the letter.

Hewitt responded by letter Oct. 1 saying his office is "committed to serving the community and strives to ensure quality development in accordance with applicable regulationsBased on the inspections performed by this office, no stop work orders will be issued at this time."

In early October Conroy sent another letter to Collins complaining again about county Hewitt and his staff.

Conroy said Williams is building a new house next door to him and there is already a code violation relating to drainage. Conroy told Collins he reported the matter to Hewitt, and Hewitt asked Conroy if
he was "certified as an inspector."

Conroy told Collins he has photos "showing the drain is installed wrong according to what the district commissioner of housing with the state gave me. (Hewitt) needs to stop the work there to get this major mistake corrected."

Collins told The State Journal Tuesday he feels the county attorney and planning offices "have been very responsive to Mr. Conroy's requests for information. I feel the planning office has looked into everything he's requested."

Collins defended Hewitt and his staff, saying, "They are all very professional. You'll find they go by the book. They expect all codes to be met properly by all builders and developers."

The Conroys recently taped cardboard "code violation" and "fraud" signs around their house indicating their displeasure with the builder and the county planning office. About 40 cardboard arrows point to
cracks in the brick exterior.

Another sign by the water spigot says "stop stealing." Ronnie Conroy claims builders next door have "come over and used our water, running up our bill."

Bobbie Jo Conroy said, "We've worked hard for our money. Nothing has been handed to us. We appreciate what we have and don't take it for granted."

She said it's a shame they haven't been able to enjoy their new home.

"We can't finish our landscaping. We haven't even finished moving in. Everything has been on hold the last two years. This has been such a big inconvenience to us."

The litigation expense, "$1,500 to $4,000 a month, is another big burden," Ronnie Conroy said.
Despite their problems, the Conroys say they would like to stay in Franklin County.

"I don't think I want to leave the community because I like my job and the women I work with," Bobbie Jo Conroy said. "We have good neighbors. We've been looking at other property but we're scared to build again. We've been looking at homes already constructed."

Ronnie Conroy said, "This has definitely put a sour taste in our mouth. But it has made us more enlightened about what to look for the next time."