A woman in Charlotte, North Carolina, is currently engaged in a legal battle with her Homeowners Association (HOA) over a seemingly minor issue regarding the number of windows in her home. Sherry Loeffler’s windows are white, while her neighbors’ windows are beige. However, the dispute is not about the color but rather the quantity of windows she has installed.
Loeffler installed four windows in her home, while her neighbors have eight. The HOA insisted that she should also have eight windows to maintain uniformity within the community. Loeffler submitted a plan for her four windows, but the HOA rejected it, claiming they had advised her to install eight windows. However, Loeffler submitted another plan clearly stating four windows, and this time it was approved by the board.
Surprisingly, the board later demanded that Loeffler change her windows to match her neighbors’ eight windows. Loeffler agreed to make the change but requested that the HOA cover the cost. The board refused to do so, leading to fines of $100 per day, eventually accumulating to over $12,000. Tired of the ongoing battle and unable to refinance or sell her home due to the lien, Loeffler decided to take legal action against the HOA.
Loeffler’s case went to arbitration and then to court, where she emerged victorious. The court ruled in her favor, eliminating the lien and fines. Moreover, the HOA was ordered to pay her more than $12,000 in attorney fees. Although Loeffler won this battle, the HOA plans to appeal the decision.
Interestingly, this ongoing dispute is not the only issue between Loeffler and the HOA. She is also suing them regarding water damages, which is part of the same lawsuit.
In response to the situation, the board’s lawyer defended HOAs, stating that they are typically not “evil entities” but rather handle their responsibilities and go about their business. The lawyer mentioned that the miscommunication and misunderstanding surrounding Loeffler’s windows caused the issue and emphasized that the HOA’s history demonstrates a lack of aggression towards homeowners.
This case serves as a reminder to both homeowners and HOAs to ensure that any proposed changes or plans for homes are as specific as possible to avoid misunderstandings. Additionally, both parties should engage in open communication and clearly document the final plan agreed upon to prevent any further disputes.
As the legal battle continues, it remains to be seen how the court’s final decision will impact Loeffler and the ongoing issues with her HOA.