HOA attorney threatens lawsuit over shutters

Published: Apr. 23, 2018 at 10:48 PM CDT
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Some homeowners in a northwest Omaha neighborhood say their association has gone too far. Six on Your Side first reported lawsuits over decks. The latest legal threat is out front.

Mark Moe and Ann LeBlanc say their own townhome association dues are being used to pay a lawyer who threatens to sue them.

"It says you have failed to remove the black shutters,” said Ann.

Mark dressed the front window with vinyl shutters four years ago.

"They look really good,” he said.

Warned that they needed permission, Ann applied to the homeowner’s association and the shutters have been denied with 30 days to remove.

"It’s gone way too far, they're out of hand. It makes you want to move out of the area,” said Ann.

The HOA attorney states the black shutters are not in harmony with surrounding houses in the subdivision. Not only did the HOA attorney put Ann on notice with the letter, but attached to it a lawsuit. It hasn’t yet been filed, but sends the message it could be if she doesn't comply.

"I'd say they're trying to intimidate you,” Ann said.

It’s not a bluff if you ask Sheila and Mike Lyons. They’re being sued over a white deck and they've spent $700 in legal fees fighting back.

"It’s completely out of control. I mean they're picking on things that look OK,” said Sheila Lyons.

Two other townhomes in Westin Hills 4 Subdivision have black shutters. One owner indicated he also got notice. But Mark and Ann say homeowners association threat of a lawsuit won't make them shutter.

"Six screws and we have them down but it's the point now,” said Mark.