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| Wednesday, January 07, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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ToddJ
(California)
Posts:3
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| 05/22/2006 12:00 PM |
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| My HOA in Calif. is telling me to paint my 1/2 duplex within 30 days to the new color scheme or face fines of $50 per month until i comply. Is this normal? There are some 200 homes in this association & as far as i can tell maybe 1/3 have painted. |
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RogerB
(Colorado)
Posts:3724
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| 05/22/2006 1:41 PM |
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| Todd, are you telling the whole story? Is this the first contact? If it does not need painting then this is not normal. However, normal depends on the rules in your HOA and what the condition of your duplex is. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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JulieS
(Georgia)
Posts:412
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| 05/22/2006 2:00 PM |
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| I would guess that this not the first time you have received something about painting. Have you tried talking with them? Typically, there is a certain amount of time for everyone to comply and you may be 30 days from that date. |
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ToddJ
(California)
Posts:3
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| 05/22/2006 2:34 PM |
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THIS IS THE FIRST LETTER I HAVE RECEIVED. MY NEIGHBORS ARE
TELLING ME THIS IS THE BOARDS WAY OF GETTING EVERYONE
TO PAINT TO NEW COLOR SCHEME SINCE YOU CAN NO LONGER
PAINT YOUR HOUSE THE SAME COLOR IT WAS. THEY WERE BUILT
IN 1977.
TODDJ |
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RogerB
(Colorado)
Posts:3724
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| 05/22/2006 3:39 PM |
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Todd, based on your claim that this is your first notice of a problem with the paint on your house their notice is rediculous. The Board is way out of line. They must follow the Declaration of CC&Rs.
First you should have received a notice that based on the condition of the paint on your duplex it is in violation and needs to be painted otherwise you are subject to a fine. You probably have the right to a Hearing if you wish to contest their claim prior to being fined. To paint you need to get approval from the Architectural committee and may request painting ANY COLOR which they will approve. If they have a standard colors established they will only approve one of those. The Architectural committee usually can take up to 30 or 45 days to respond after receival of all information.
So you can check out the CC&Rs, then decide on a course of action. This can include a response to the notice you received. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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SwanB
(Washington)
Posts:194
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| 05/24/2006 6:29 AM |
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Perhaps it is normal for some boards to feel the need to act with such heavy-handedness to get their membership to 'react' with promptness. This is a very sad situation and does not bode well for the future health of a working relationship in this association.
However you do have the right to respond with a letter requesting detailing out what your game plan is. As a board member and violations director who has had to deal with members' lack of response to first, second and third notices; a simple response in the form of a letter saying a member has heard there is a ruling and they are willing to work with us but on a different game plan was good enough for us.
I am not suggesting the board will be a push-over for you. I am merely suggesting you take the bigger route and suggest a route that would work better for you. If you could paint your house by the end of July, write them a letter and say that. Make a counter offer.
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HaroldS
(Arizona)
Posts:904
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| 05/24/2006 1:03 PM |
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It seems very unreasonable for even the worse board to demand everyone immediately repaint in the new colors regardless if the house or unit needs painted. A change in color should be phased in as homes need repainting. I would expect the new colors chosen would not clash with the existing colors.
In this day and age with computerized paint mixing, there is no excuse that a color is no longer being made. So why were new colors chosen? Who chose them? Was there no discussion about this with the members? Was there no input from the members picking the new colors? I should think a major decision such as this had to have had a vote of the required percent of the members and does not fall under a boards "rules" category. And shouldn't duplex owners decide on one color - why are you being told to paint your 1/2? Has the other half been painted? Who chose the color? So many questions. If your state has an ombudsman you need to request a review of this situation. Harold |
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ToddJ
(California)
Posts:3
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| 05/24/2006 2:53 PM |
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WELL WE FOLDED . After talking with the management company the represenative told us this is simply the boards way of getting owners to paint to the new color schemes. These 7 color schemes
were adopted by the board 3 years ago right before I bought the place. NEVER GOT THE NOTICE. I painted the trim and touched up the stucco when I moved in: it's in perfect condition!!! However, my neighbor's side of the duplex needs to be done. Since we have to paint it all at the same time the same color, CC&R's,I'm stuck!! So we asked for a 6 month extesion and said we would paint to an approved color then.
THANK YOU FOR YOUR RESPONSES; NICE TO KNOW THERE'S SOME PLACE TO GET SOME ANSWERS AND FEEDBACK. TODD J |
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