Bk Residential

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• By Daniel G.

  June 28, 2013

  BK Residential Construction is doing business as Legendary Communities in AL, GA, NC & SC.

  Our lot is in the Airy Springs community of Powdersville, SC. We went under contract with Legendary Communities to build our home at the end of 6/2012. We closed on 12/28/2012. Checks were made out to BK Residential Construction, LLC who is doing business as (DBA) Legendary Communities.

  Our lot is not in compliance with the HoA covenants which clearly state in Article II, Paragraph 25 Rubbish Removal: "All builders and the owner of each lot, improved or unimproved, shall keep the same free of tall grass, undergrowth, dead trees, dangerous tree limbs, weeds trash and rubbish..." There are a number of fallen trees, briars and other undergrowth and rubbish. There are also trees that pose a safety risk to adjoining neighbors' property. All of which should have been remedied prior to closing. Our closing walk-through was only on the house. Nothing was mentioned about the yard. We did not notice the non-compliance until the beginning of March.
  I brought this to the attention of the Vaughn West, the superintendent. He told us that nothing would be done, but if we wanted, we could contact his boss, Andrew Smith. We sent Mr. Smith an email on 3/18 with no response. We sent another email on 3/26 and he finally responded on 3/27 stating that Legendary Communities had already gone above & beyond their responsibility, but they would remove only the dead trees from the lot however not any of the trees posing a threat to neighboring property or any of the undergrowth. On 3/28, we replied that we felt more needed to be done to bring the lot into compliance. Having heard nothing from Mr. Smith, I sent another email on 4/8 and another on 4/12 to inquire about the issue. Finally, on 4/15 Mr. Smith tersely replied with the same result. I contacted Mr. Smith's boss, Mr. Patrick Murphy on 4/24 requesting his assistance with the matter. After not hearing anything back for three weeks, on 5/16 I filed a complaint with the Better Business Bureau and sent Mr. Smith another email notifying him that I marked dead trees that needed to be removed. I have received a couple emails from Mr. Smith requesting that we meet on a weekday morning to discuss the dead trees that need to be removed. Both times I politely replied that I am only available on weekend mornings or anytime after 4pm to discuss. The last email exchange was on 6/6 when Mr. Smith said that only some of the marked trees would be removed (some were mistakenly marked before the leaves came in). No dead trees fallen or standing have been removed as of 6/28.
  I have patiently attempted to deal with this issue for over 4 months and have made no headway. We are now starting to have issues with bugs, snakes and rodents due to the fallen trees and dense undergrowth, which put my family and pets in danger.

  If the covenants were to be enforced by the HoA, I would be forced to pay fees and pay to make the property compliant or run the risk of the HoA making the lot compliant and placing a lien on my home to pay them back. The trees that pose dangers to neighboring properties could cost my insurance company thousands of dollars should a tree fall on their property and cause damage or injury.

  On 6/17, I was notified by the BBB that Legendary Communities failed to respond to the complaint I filed. Their score with the BBB has dropped from a B+ to an F. See their BBB profile at http://www.bbb.org/atlanta/business-reviews/home-builders/legendary-communities-in-douglasville-ga-27417292.

  I have submitted similar reviews on Angie’s List and will do so on other forums and builder’s associations in AL, GA, NC & SC.

  I am writing this review to inform potential buyers of the pitfalls I have endured since closing with BK Residential Construction, LLC / Legendary Communities. My recommendation is to ensure that you understand that their communications are very lacking and that you have a clause put in your contract that your lot and home will be delivered to you in compliance with your HoA's covenants.

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