A Homeowner Faces $12,000 In HOA Fines Due To Mismatched Windows

A woman in Charlotte has been charged $12,000 in HOA fines for her windows that do not match her neighbors. The homeowner sued the association and she has been winning the litigation, but the HOA has plans to appeal.

Mismatched Windows

The architectural control committee in HOAs can be strict in implementing the community’s architectural standards. In this case, however, it’s not about Sherry Loeffler’s windows being white while her neighbors’ are beige.

Instead, it’s because the number of Loeffler’s windows is different from the rest of the neighborhood. She has installed four windows in her home. Meanwhile, the other residents within the Yachtsman community have eight.

The homeowners association did not approve the plan Loeffler sent. According to the board, she needed eight windows to match her neighbors. However, the homeowner also submitted another plan that clearly stated ‘four windows.’ The board approved this plan in a letter they sent.

It was unclear why, but the board wanted Loeffler to change her plan. According to Loeffler, she is happy to switch the windows but they need to pay for it. She says the HOA board refused. Meanwhile, the HOA claims it made offers Loeffler denied.

Snowballing HOA Fines

The HOA fines started after the ordeal. Loeffler faced a fine of $100 per day that went on for months. It snowballed into a $12,000 debt. Loeffler did not pay the HOA fines and the association put a lien on her property. The lien also included a threat of foreclosure.

Loeffler says it’s been stressful because this is her home. She also couldn’t sell the house or refinance it. “It went from like a great place to not such a great place because I’m fighting this battle,” said Loeffler.

Suing the HOA

Loeffler decided to sue the homeowners association for the HOA fines. She won during arbitration and again in court. The HOA fines and lien were lifted. Moreover, the windows can remain. To top it off, the HOA is required to pay her over $12,000 in attorney’s fees.

However, the HOA board plans to make an appeal. Loeffler is also suing the homeowners association over water damage as part of the lawsuit. The HOA board’s lawyer sent an email to Jason Stoogenke of Action 9. According to the lawyer, HOAs usually appear to be evil, aggressively foreclosing on homeowners.

However, the Yachtsman community’s HOA is simply handling business and going about their days. There are no public records indicating a large number of liens or foreclosure attempts. The lawyer stated that it started from miscommunication and snowballing circumstances they thought neither party wanted.

Moreover, the lawyer says Loeffler’s plans were approved because the HOA believed she was putting up the same windows. However, the lawyer reserves detailed comments as the litigation is still ongoing.