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YOU ASK. WE INVESTIGATE. Henderson homes literally sinking

Who's responsible?
Posted at 8:35 AM, Feb 10, 2016
and last updated 2017-02-08 17:47:23-05

Your home is likely the biggest purchase you make in your entire life and one man's home is literally sinking.

A year after moving in, Kyle and his wife noticed big problems with their home.

"It was perfect for what we needed then," said Kyle.

Buying a home and starting a family were huge milestones for Kyle until his dream started to crumble.

"It's falling apart a little bit," Kyle said.

Kyle traced the issues back to a problem with his sewer box. The homeowner's association found a leak under the driveway from the main water line.

RELATED: How to fight your HOA

"Took two or three weeks for them to fix it, a few days to find it, and then that got fixed and now our house still sinks," he said.

It sunk three inches and counting. The walls and window frames cracked after they moved in about two years ago. Some areas are so bad that the doors will not close all the way.

Kyle turned to his homeowner's insurance company, State Farm. However, the policy is clear: They do not cover land or repairs to the home because of an issue with the land. Kyle believes the HOA is liable for what happened and that they know it.

"Because the HOA fixed the leak, they obviously know it's their pipe, it's their leak, it's their responsibility," he said.

Kyle found out seven other neighbors who have the same issue with their homes and believes there could be more.

"Everybody's kind of trapped in their house," he said.

Kyle lives in the Sonoma Community, run by Nicklin Management. Action News called them seven times, left messages and left voicemails, but heard nothing for more than a week. When our crew went to Nicklin Management, Steve Nicklin himself refused to comment.

HOW TO FILE A COMPLAINT AGAINST HOA IN NEVADA

We called their insurance company, Innovative Risk Management out of Texas. They refused to comment, too.

After our persistence, the HOA is now taking action. Their insurance company is sending someone out again to see if they are liable. Engineers will take another look, to see if the leaks caused the houses to sink.

We sent Kyle to the Nevada Real Estate Division Ombudsman, who oversees HOA disputes that aren't being resolved. They are serving Kyle's HOA paperwork to force them into mediation.