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PatrickS
(Washington)

Posts:34

08/07/2006 11:07 PM
I want to make this short and to the point. I joined and was elected to the board of directors at the request of a good friend and neighbor. I have lived in the neighborhood for a year and bought my house as it was a former rental. I went to the sitting president with a color scheme I wanted to paint my house and he approved. Mind you that it was a complete color schem that included a full color picture of the house and on the back were color chips. After I was elected to be an officer some six months later, a homeowner anonymously posted taht I was in violation of the CC&R's with the color of my house. I spoke to my attorney and she said that since the former board approved the color scheme, I would not be liable for any fines imposed byt the any future board members. In anyones experienced opinion, What do you think? As a board mdmber, I have been fair, but I am accused of violating CC&R's so I have no right to enforce other CC&R's that are being violated. It has put me in a very strange position. I am the legal liason and know a bit about the law, but how should I proceed. The comments have been posted on our community blog and it has been pretty harsh. This is my forst post, so please be patien with me. I am new at this. Thanks, Patrick

CharlesW1
(Georgia)

Posts:818

08/08/2006 4:07 AM
Patrick, I fear that same thing. I will soon have a seat on our board. I frequently do improvements to my home. Even heard that saying “calling the kettle black” I can’t expect HO to abide by the CC&R’s if the current members are in violation. I don’t want a position on the BOD and be in violations. I try to get all approvals in writing. It is the kind of humorous in a way, I can hear it now “I guess because he is on the board he is able to get away with it” If once approved by a BOD, IT IS APPROVED! I’m still learning all the can and cants of an HOA so please bare with me. I believe it is just that APPROVED! Chuck W.

Charles E. Wafer Jr.

BradP
(Kansas)

Posts:1742

08/08/2006 6:05 AM
Patrick: That is why it is so important to get approval, in writing, of any exterior changes made to your home. If it is approved it is approved there is nothing anyone can do about it. My response to anyone that questions the legality of your home would simply be that you followed proper procedure and the board at that time determined your request was in compliance and they approved it.

BradP
(Kansas)

Posts:1742

08/08/2006 6:13 AM
Patrick: What do your CC&R's state? Are you really in compliance or did the former board just do you a favor and approve it? I personally would not post anything on the community website, I would ask the board president to post something on your behalf. If you followed the rules they should do that for you as a fellow board member.

PatrickS
(Washington)

Posts:34

08/08/2006 7:01 AM
The CC&R's state that any alteration, Inlcuding, but not limited to repainting, etc, but be approved by the board. This was not a favor as I only moved in three months previous. The CC&R's do not state any particular color scheme or such only that scheme of such building has to be approved by the board of directors or the Arcitectural Control Committee, which to my knowledge has never existed. We have only just begun to draft a set of rules and regulations which have been nonexistant in the six year history of the association. My personal opinion is that someone who undertands that the Rule and Regualtions are coming down the road is probably in violation of a CC&R like the RV and boat, pet or other. Because their has been a couple of postings saying that how can I enforce Rules when I, as an officer, am in violation with the color of my house. I have had several postings in support of me and my color, but I am still uneasy. For the record the color is a light yellow with sage green trim. Some of the other colors are peach, violet, gray, blue, white and other tones of yellow. Thanks for the replies so far, Patrick

RogerB
(Colorado)

Posts:3702

08/08/2006 7:34 AM
Patrick, we use a form - Request Modify the Exterior of the Property. The form is submitted with detailed information, certain requirements are listed, and the owner signs agreeing to those requirements. The Architectural Review Committee (ARC) reviews, approves or does not approve (with reasons),and the one page form is signed by two authorized ARC members. If approval was not in writing, rather than contacting an attorney, I suggest you get the approval in writing retroactively. Did your attorney also advise you that the HOA could still take you to court. And even if you could provide witnesses who gave the verbal approval, which may not be possible, it could still be a major expense for you. I would ask an ARC member who approved your request to post a rebuttal to the post relating to the erroneous misconception about you. If they gave you a variance to published color standards they should explain the basis for their decision. False rumors need to be challenged and aborted ASAP. The lesson to learn is to set up policies and procedures, always document decisions in the minutes of the meeting, and approvals should always be done in writing.

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

PatrickS
(Washington)

Posts:34

08/08/2006 9:06 AM
Roger, thank you for the response. Just to clarify, we do not have published color standards, only that it needs to be approved by the board. That is why I am so confused by the statement that I am in violation. We don't have color standards, just that it has to be approved by the BOD, which I had done. I will get it in writing retro'd and file it. I am lucky to have an attorney that specializes in HOA and owes me a ton of favors.

BrianB
(California)

Posts:1742

08/08/2006 11:20 AM
i would simply make note that your color scheme was approved by the board, and end that story. It would be nice if you had proof of that, in minutes, notes, a letter of approval, etc..

JulieS
(Georgia)

Posts:412

08/08/2006 11:37 AM
I have been put in the same situation as Patrick. I have written ACC approval for something but someone felt the need to put on a neighborhood blog board that I am in violation and feel I can do whatever I want. I have ignored the posting and they have blocked my log-in and password to the site. This is probably best as the site is very nasty and negative. When we created an official HOA website, we purposely didn't include a blog board for this very reason. I have recently thought about emailing a copy of the approval letter to the person who posted this accusation as well as the webmaster, as it was posted with malicious intent and can be a basis for a slander/libel suit. The webmaster can actually be held accountable for what is posted. I am going to request that they remove this posting or shut down the site due to it's content. Also, when I do an internet search for my name, this nasty blog comes up for the entire world to see.

PatrickS
(Washington)

Posts:34

08/08/2006 12:34 PM
Wow Julie are you sure you don't live here? Sounds just like what we have going on here. Keep the Faith, Patrick

JulieS
(Georgia)

Posts:412

08/08/2006 2:22 PM
We did not have a reserve study and the MC when I first got on the board said we didn't need one. We hired a new MC, got a reserve study and started increasing the annual assessments according to our reserve study. Of course, everyone threw a fit because the assessment went up and we were accused of 'wasting money'. Last year, I came up with the idea of an initiation fee as most HOA's have them. We started collecting signatures for a fee of $150. I was removed from the board and nothing was worked on again until I was back on the board a few months after being removed. In January, we decided to try it again only the fee would be the same as the current year annual dues. I got this thing passed with reluctance from the people who got me removed and we have started collecting. They thought it would hurt the sale of their home by having a one-time initiation fee but didn't see that if the annual assessment is very high year-after-year could be a negative for buying a home. Anyway, the board is responsible for protecting the assests and without the money, you cannot do your duty. Good luck with the major repairs...

JulieS
(Georgia)

Posts:412

08/08/2006 2:23 PM
Sorry, I replied to the wrong post... But yes, the whole internet thing is not good with a blog board.

GeraldT1

Posts:0

08/08/2006 8:21 PM
PatrickS, Unless I am mistaken, you got approval to paint your house by the President. Are there other board members, or is the President the board, or with final say over everything? For that reason, I think you need to be a bit methodical and dot your i's and cross your t's. Don't get me wrong, I sympathize with your situation, I'm just playing devil's advocate. Correct me if I am wrong, because there is no pre-approved color scheme, it's not the color that's the problem, it's the fact that you modified without documentation, or written approval to do so. But the color scheme could still become a problem, correct? To avoid repainting the house, you could, and may want to seriously consider burning the candle at both ends, so to speak. I offer this because, you may be getting targeted, I don't like that.....I find it unneighborly, and you are doing an honest and good service for your community. Ignore the blog post because anonymous communications are cowardly, obscene, must be ignored, and have absolutely no legality. So here goes.....you could always become board liasion to the ARC, your color scheme could become one of the options for viability and ARC approval. Since you went to the trouble to provide a real-time example, and it doesn't sound like there are any other objections but an anonymous one.....why shouldn't your color scheme be a standard? Oh well, so much for my philosophy against grandfathering. More importantly, two agenda items need to be added in the same meeting, 1) ARC (Architecutral Review Committee) color scheme approval, 2) Approval of unit owner modification with your letter of request. Approval or dissaproval of BOTH can then become part of the minutes and you can move on. Hopefully, you'll slam dunk both. Best of luck!! GeraldT1

PatrickS
(Washington)

Posts:34

08/09/2006 8:52 AM
There is absolutely no doubt thatI am being targeted, because the house was painted over 9 months ago and just two weeks ago on our neighborhood blog one person has been making noise on the subject. Mostly about a recall of me and how I am going to enforce the CC&R's if I can't obey them myself. Really and truly I could care less if I am on the board or not. I was asked to run by the other two officers because I volunteered to do several neighborhhod projects and I was asked a few times to run. I can continue to volunteer and not be a board member, it would actually be better on my wife because this stresses her out a lot more than me. We had a board mdmber step down because of the viscousness of the blog and how personal it has become. It is sad that what we do to mean well becomes the target of someone who I am sure never lifts a finger to help with things here. Patrick

RogerB
(Colorado)

Posts:3702

08/09/2006 10:23 AM
Why not shut down the blog?

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

RogerB
(Colorado)

Posts:3702

08/09/2006 10:23 AM
Why not shut down the blog?

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

PatrickS
(Washington)

Posts:34

08/09/2006 1:24 PM
I and another board mdmber ask, but the President is adamant that we are getting something out of it. I do support him and the Vice-President fully. Make no mistake, it is only one person making the noise. Patrick

JulieS
(Georgia)

Posts:412

08/09/2006 5:56 PM
If this is just a blog board paid by the association I would shut it down. These types of websites only create problems and negativity. Nothing positive ever comes from it. Personally, I would ignore the site and don't even go to it. It will only frustrate you. The blog board in our neighborhood is paid for and administered by a resident and not the HOA. We have found over time that people have lost interest in this site and no longer go to it. Once in a while, someone posts something on there but no one responds...these are usually people with nothing better to do in life and who want everyone else to share in their misery. Get written approval for your paint job and don't worry about people's nastiness anymore. Unfortunately, when you volunteer and do good things, someone is going to have an issue and find something to make an issue out of. That's just part of being on the board. I know I can sleep at night and those posting that stuff probably don't. Keep your chin up and don't pay any attention to the yahoos with nothing better to do!

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