A WOMAN’S five-year legal battle with her homeowner’s association has finally ended after she was forced to refinance her home and issued a stiff fine of over $12,000.
In 2019, Sherry Loeffler submitted a request to her HOA in Charlotte, North Carolina, to install four new vinyl windows on her townhome.
A woman’s five-year legal battle with her homeowner’s association has finally ended after the parties reached a settlementCredit: WSOC-TV
Sherry Loeffler was engaged in a years-long legal battle with her HOA after installing four new vinyl windows on her townhome in 2019Credit: WSOC-TV
Loeffler’s HOA argued in court that several residents in the community complained about the windowsCredit: WSOC-TV
Loeffler, 53, said The Yachtsman on Lake Wylie community HOA initially approved her plans but quickly rejected the approval after the windows were installed.
The HOA ordered Loeffler to replace the windows at her own expense and to make them match the ones in most townhouses in the community.
Loeffler told her HOA that if they wanted her to change her windows again, they needed to pay for it, which they refused.
When neither side budged on who would fit the bill, Loeffler said she immediately began receiving $100 fines daily, which accumulated to over $12,000, and the HOA put a lien on her home.
“I couldn’t sell my house. I couldn’t refinance,” she told ABC affiliate WSOC-TV in October 2023, concerned the HOA would foreclose her home.
“It went from like a great place to not such a great place because I’m fighting this battle.”
Loeffler sued her HOA, which came with more expenses, including $30,000 in legal fees.
She told the Charlotte Observer she had to refinance her three-story townhouse to a higher interest rate to free up money to go to trial.
In court documents obtained by the outlet, the HOA argued neighbors made numerous complaints about Loeffler’s windows, claiming they “defeated the common scheme of the building.”
The HOA also claimed Loeffler’s planned request, which the board initially approved, did not match the windows she ultimately installed.
However, a judge rejected the HOA’s arguments in 2023.
As the lawsuit made its rounds through the court system, the judge ordered the HOA to remove the lien on Loeffler’s home and reimburse her for the $12,675 fines.
Still, the HOA did not cough up the money until September.
Such a weight has been lifted off my shoulders. I can’t explain it.
Sherry Loeffler.
As the trial was scheduled to start, the HOA proposed a settlement to Loeffler in October, which included a $75,000 payment and being allowed to keep her windows, according to the Charlotte Observer.
However, among the terms of the settlement included Loeffler being forbidden from making public the terms of the agreement, which she refused to accept.
The provision was ultimately removed from the agreement.
“People need to hear this story,” Loeffler told the outlet.
“And a lesson needs to be learned that HOA boards shouldn’t be doing this to people and abusing their power.
“I think they’ll think twice before doing it to others.”
The HOA said they’re ultimately relieved to bring the years-long saga to an end.
“We’re not happy with the settlement, but we want to move on,” the board told the Charlotte Observer.
“We just want to restore peace and harmony here and have this case go away. It has been very arduous on all the board members involved.”
For Loeffler, the settlement has lifted a load off her shoulders.
“Such a weight has been lifted off my shoulders. I can’t explain it,” she told the outlet.