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A HOMEOWNER was fined thousands of dollars and threatened with foreclosure over the number of windows on her house.
Sherry Loeffler, of Charlotte, North Carolina, was hit with $12,000 in fines as she had four windows on her home rather than eight like her neighbors.
Loeffler submitted an initial plan for four windows on her home, which was initially rejected by her HOA.
She received a letter of approval for her four window plan when she resubmitted it at a later date, according to ABC affiliate WSOC-TV.
The HOA later demanded that Loeffler change her windows to match her neighbors.
Loeffler said: “So I’m like, ‘OK, you guys approved the windows.
“If you want to switch them, I am happy to do that, but then you guys need to pay for it.’”
She claimed that her HOA refused this but the association refuted that claim and alleged it made offers that Loeffler rejected.
Loeffler then claimed that she started to receive daily $100 fines which accumulated to over $12,000.
A lien was placed on her home which threatened to foreclose on the property, according to documents viewed by WSOC-TV.
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Loeffler said: “I couldn’t sell my house. I couldn’t refinance.”
“It went from like a great place to not such a great place because I’m fighting this battle.”
She sued The Yachtsman on Lake Wylie HOA and won.
The court decided that there would be no lien, no fines, and the HOA had to pay for any window adjustments.
It was also ordered to pay $12,675 for Loeffler’s attorney fees.
Loeffler said: “It’s been very stressful because this is my home.”
The board has announced that it plans to appeal the judgement, according to WSOC-TV.
A lawyer for the board emailed WSOC-TV and said: “This matter really did just start from a miscommunication and circumstances that went further than what I am sure neither side intended.
“This is not a case of the ‘evil HOA’ trampling on its owners.
“The Plaintiff is aware of this as it was provided through discovery, a few of the neighbors in her building also requested to change their windows and the HOA denied these requests in an attempt to keep them uniform.
“Hers were approved believing she was installing the same windows.”
The US Sun has reached out to The Yachtsman on Lake Wylie HOA for comment.
