Crumbling retaining wall continues to be a problem for Lee's Hill resident

Date published: 11/28/2007

By DAN TELVOCK

A Spotsylvania man continues to accrue thousands of dollars in debt because of a crumbling retaining wall on his property that has been in disrepair for more than a decade.

Marty Work, who says he only recently found a contractor willing to fix the wall, now risks losing his Lee's Hill home to foreclosure.

Spotsylvania Circuit Court Judge George Mason found Work in contempt of a Nov. 29, 2006, order to fix the retaining wall. He also ordered Work to pay the homeowners association $7,984.13 in attorney fees. Work already owes the HOA $45,000 in past judgments.

To recoup that money, the HOA filed court documents to force a foreclosure on Work's home. A date has not been scheduled for that case.

"Are we going to lose the house? I don't know," Work said.

The judge gave Work until Feb. 1, 2008, to comply with the Nov. 29, 2006, decree. James Ryan, Work's attorney, said he will seek clarification from the judge if the order means Work has to have the wall fixed by February, which is unlikely.

"I don't think it means getting the wall replaced by then because there is no deadline in the Nov. 29, 2006, decree," Ryan said.

Raymond Diaz, the attorney for the HOA, said the November 2006 order states that Work must diligently seek the necessary permits and finish the wall within 15 days after that.

"In light of that, I read the court's letter opinion to say that the wall is to be finished by Feb. 1, 2008," he said.

Diaz said there is a level of frustration among residents in Lee's Hill, but many also are saddened over the situation.

"[The Works'] property is being damaged by it," he said. "Obviously our concern is there is damage to the common property if the wall falls down."

Work said it will cost him at least $80,000 to reconstruct the wall, but the fees he owes his attorney and the HOA now exceed that amount.

Work was supposed to fix the wall with $35,000 he won in a judgement against Colony House Builders in 2001. Work said he was never able to find a contractor to fix the wall for that amount.

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Date published: 11/28/2007

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