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| Tuesday, February 07, 2012
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SeanM4
(California)
Posts:8
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| 08/19/2010 1:18 PM |
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About 4 months after I painted my home using the original paint scheme that it had when it was newly built, the HOA board came up with an updated color scheme for the community and gave the residents about a year from that time to repaint using the new color scheme.
Most homes were in need of new paint anyway, but since mine was freshly painted and should not need repainting again based on wear for at least another 5 years, I find this overbearing to require repainting again.
Can the HOA enforce repainting homes the new colors at the owners expense even if they were not otherwise in need of painting? |
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SureshD
Posts:0
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| 08/19/2010 1:35 PM |
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You must review your documents!
If the docs say they have the authority to mandate color changes (for changes sake) then possibly.
If it is limited to requiring paint to be maintained in "good condition" (or similar) then you might have some wiggle room.
The Fla. HOAs I have been involved in have had several paint choices (updated infrequently as trends change) and require permission to CHANGE ONLY with some additional limitations to prevent two or more of the same schemes in a row.
This sounds overbearing if they are single family (detached) homes. |
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SeanM4
(California)
Posts:8
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| 08/19/2010 1:45 PM |
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I actually prefer the updated new color, but I already painted the old color now, so it's too late for that now.
If they came up with the change a few months earlier I would have done it gladly, but I don't think it's reasonable to require repainting a freshly painted house when I complied with what was he preapproved color choice at the time the painting as done. |
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DanielH1
(California)
Posts:481
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| 08/19/2010 4:27 PM |
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| Did you get the Architectural Committee to approve your repainting? |
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SeanM4
(California)
Posts:8
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| 08/19/2010 4:39 PM |
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No approval was required since I wasn't changing the existing color. The decision by the board to come up with new colors did not happen until months after the house was repainted.
I checked with the property management to verify I had the correct color names before purchasing the paint. |
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DanielH1
(California)
Posts:481
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| 08/19/2010 4:55 PM |
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| It sucks but, as near as I can tell, it is up to the Board to decide whether to exempt you (and others in your situation) or not. |
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MaryA1
Posts:0
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| 08/20/2010 7:55 AM |
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Sean,
I doubt this is clearly stated in the A/C guidelines and/or the CCRs. Usually it only says that homes can only be painted using the preapproved color schemes. Frankly I think the BOD is being quite overbearing if they are requiring you to repaint your home. Of course they also know that you most likely would not take them to court over this. When there is no state agency to oversee HOAs, errant boards can get away with these ridiculous requirements. The best you could do is gather those h/o's whose homes are not in need of repainting and rebel. Let the board know how unreasonable they are being and ask that they amend their requirements. IMO, the requirement should be that "from this day forward, these are the approved paint color schemes". Anyone who wishes to repaint will have to use these new color schemes, and the BOD could ONLY require a member whose home was in dire need of repainting to do so using the new color schemes. |
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