A COUPLE has sued their city over plans to raze private property in their backyard and pave a path straight to the nearby city.

Tori Comiskey and her husband started a war with their HOA after it reportedly gave their village an easement, which allowed them to do whatever they wanted with the land without owning it.

“At the end of the day, we’re really protecting the private property right of everybody here in the neighborhood,” Comiskey told ABC affiliate WSOC.

Comiskey lives in the idyllic gated community of Marvin Creek, which is about 45 minutes south of Charlotte, North Carolina.

The subdivision has about 100 all-brick homes and includes luxurious amenities for homeowners, such as tennis courts, a pool complex, a fitness center, and walking trails.

It’s about 10 minutes away from the Village of Marvin, which gets significant foot traffic for its shopping and local golf courses.

For as long as she and her husband have lived there, Comiskey enjoyed quiet privacy with a gorgeous wooded area separating them from the town.

However, their HOA wants to bring this to a crashing halt by allowing the city to build a path straight from their doorsteps to the center of town.

Some of the trees surrounding their neighborhood would be cut down for the path, and furious homeowners say this is private property.

They’ve been battling with the HOA at board meetings and on social media for a year now, but Comiskey took it a step further by suing the Village of Marvin.

The couple claims the HOA has no right to grant an easement over property that’s managed through homeowner dues.

“We expect them to recognize that the contract that they made with our HOA president was never valid and to cancel the project as a result,” she said.

“If they didn’t know at the time, they know now. And when you know better, you do better.”

Now, the city is reviewing the lawsuit, and the HOA is working on updating its bylines to protect homeowners from further issues, Corniskey.

When asked for a comment on the litigation, the Village of Marvin said it has yet to be reviewed.

The U.S. Sun has reached out to the Village of Martin and the Marvin Creek HOA for comment.

HOA DRAMA

Another homeowner was left fuming after her HOA slapped her with a $12,000 fine for installing new windows.

What is an HOA?

One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?

• An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
• Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
• They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
• Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
• They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
• Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
• An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
• Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
• HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
• But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.

In 2019, Sherry Loeffler submitted a request to her board in Charlotte, North Carolina, to install four new vinyl windows on her townhome.

Loeffler, 53, said The Yachtsman on Lake Wylie community HOA approved her plans, but once the windows were installed, they made a sudden u-turn.

The drama comes as lawyers are speaking out on how to deal with HOA issues.

Generally, homeowners are advised to try and avoid taking legal action when they can.

Instead, it’s encouraged to schedule meetings with HOA boards and try to come to a civil agreement.

If a homeowner is frustrated with their board’s leadership, they are encouraged to run for a spot and represent their own interests.