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Thursday, February 25, 2021











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Subject: Window Treatment Rule Change
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Author Messages
GregoryL2
(Florida)

Posts:2


02/22/2021 4:19 PM  
Hi,

Without asking for member discussion, the HOA board has notified owners that not only does our window treatment need to be white but owners can only have horizontal blinds and/or curtains. This means that although past rules allow for white shutters and white horizontal blinds, those are now not allowed.

For those owners that have complied with the current rules, can the HOA force them to change the type of blinds because of a rule change? Are they required grandfathering for those owners that installed blinds that were compliant but now they want to make owners buy different window treatments?

Thank you,
SheliaH
(Indiana)

Posts:3805


02/22/2021 5:50 PM  
First, read your documents. You may see language in the bylaws that allow the board to enact additional rules as long as they don't contradict the bylaws or CCRs. Those may or not address window covering, but there may be something about preserving the original design and look of the community

Generally it's a good idea to poll homeowners on proposed rule changes - a good way to ensure compliance. In this case, you should ask The board what bought about The change. Are people using blankets, aluminum coupons cardboard, etc., instead of curtains? Usually the side of the curtains facing The outside are white - what's been showing up? Perhaps a number of owners have asked for uniformity because some people have stuff in their windows that is downright tacky (like my neighbor, who has as aluminum foil like something in his living room window!)

You mention previous boards had rules about window covering so this doesn't sound new. You might want to find some neighbors who feel as you do and then all of you can attend the next meeting, express yourselves and see what happens.
GregoryL2
(Florida)

Posts:2


02/22/2021 6:16 PM  
To further clarify, for those owners that have complied with the current rules, can the HOA force them to change the type of blinds because of a rule change? If so, this would mean an HOA could make owners change windows, doors and window treatments anytime they wanted a change costing owners and causing undue hardship. Most all units comply with the current rule for white blinds and / or curtains. Requiring that white shutters(more expensive) and white vertical blinds are now against the rules seems extremely dictator like to me.
TimB4
(Virginia)

Posts:17373


02/22/2021 6:22 PM  
Grandfathering is not automatic.
It has to be specified in the rule.

That said, if the membership received approval for complying with the initial set of rules (or simply followed the rules without approval) some damages would be incurred for the rule change. In my opinion, the Association should pay for those damages (but that would likely take legal action).

An easier way is to gather owners together (perhaps via email) and present the issue to the board. A think a fair compromise would be:

Items under the old rule may still be used but when the item needs replaced OR when the property is sold (whichever is first) the item must be in compliance with existing rules.


Too keep this from happening in the future, I would also urge you to gather support and adopt a grandfather clause into your governing documents. That is one achievement I accomplished I am very proud of.
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Forums > Homeowner Association > HOA Discussions > Window Treatment Rule Change



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