Window Coverings -

Started by PatJ1 • 11 replies • 542 views

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PatJ1 (North Carolina)
Posts: 568

Posted:

Our Condo CCR's and By-Laws are silent on the topic of color, material, condition or any other requirement regarding owner’s window coverings hung on the inside of the unit.

Our Rules & Regulations state the following and are now being targeted by our new Board.

"Windows SHOULD have white or cream blinds, verticals or lined draperies so as to
appear uniform and in good repair from outside."

This had previously encouraged a fairly uniform appearance throughout the community. When I was on the board we sent out 2 Friendly Reminders to encourage owners to remove shocking pink curtains and a mattress. Some letters were sent to remedy broken blinds. Owners complied without resistance. We viewed the policy as unenforceable.

CCR Violation letters are now flying for window coverings that are not specifically white/cream verticals, blinds, or lined drapes. Lace panels, shades, and shears within the recommended colors are unacceptable.

Our CCR’s do not contain the words white, drapes, blinds, curtains, and this is the only time the word “window” is used.

“The decoration and painting of the exterior surface of doors and window frames shall be the responsibility of the Association”.

I’m requesting they provide the section of the CCR’s I am in violation of, not the Board’s R&R’s, and see how far they take it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Surprisingly this is in many HOA's documents. The purpose is to have a consistent appearance throughout the neighborhood. Our stated must have white shades in the windows. However, we only enforced the FRONT windows exposed to the outside drive by view. You could do whatever you wanted with windows in the back no one saw.

The purpose of a HOA is NOT necessarily "home values". It is about keeping up "appearances". Which if your neighborhood has certain consistencies makes it more ATTRACTIVE to potential buyers. It is NOT a great look to have someone with Bright Purple curtains in the windows while everyone else has shades.

Just between you and me and the world... Please put windows coverings on your windows!!! People walking in your neighborhood can just see right in. Plus thieves can see what you have and if your at home. I don't see why anyone would want their front windows exposed to the world. Believe me I have seen and heard about enough naked people appearing in windows that the law can't touch nor the HOA.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

My community's CC&Rs also require white blinds. I think something like this is not unusual in condos (and even apartments). When you have dense housing, variety isn't always the spice of life - it can even be an eyesore.

So yeah, white lace, sheers, plantation shutters, etc. and off-white blinds are violations in my community.

If your CC&Rs aren't that specific, then you get into Rules & Regulations territory. Can the board require white blinds, or would this be considered a new restriction that would need owner approval? If they can, is this something that's worth fussing over?

NA1 (Massachusetts)
Posts: 189

Posted:

You might want to check your locale's building and energy regulation and whether it has requirements on the exterior facing side of window treatments as a means of reducing heat absorption. I can't find it now, but in my locale, it might be part of the net zero energy code passed last year.

PatJ1 (North Carolina)
Posts: 568

Posted:

Quote:

Posted By NA1 on 03/06/2024 5:51 AM
You might want to check your locale's building and energy regulation and whether it has requirements on the exterior facing side of window treatments as a means of reducing heat absorption. I can't find it now, but in my locale, it might be part of the net zero energy code passed last year.

We don't have anything like that here.

What I'm concerned about is it not being in the CCR's. The R&R's use the word "should" which implies that it's an option and not a requirement..

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree that the wording suggests it's optional. Rules and regulations can be enforceable as long as they're not creating a new restriction and do not contradict the CC&Rs - but they have to be worded properly.

If I were on the board, I wouldn't try to enforce this even though I see the value in a uniform look.

NA1 (Massachusetts)
Posts: 189

Posted:

I agree. Should is an advisory word, not an obligation.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our Covenants say:

Section 30. Window Treatments. No foil or other reflective materials shall be used on any windows sunscreens, blinds, shades or for any other purpose. The side of all window treatments which can be seen at any time from the outside of any structure located on a Lot must be architectural off white or neutral.

SheliaH (Indiana)
Posts: 6,964

Posted:

Read your bylaws to see if there's language that allows the Board to enact additional rules to flesh out the CCRs - that's how you get rules and regulations (you were on the board and should already know how this works). They should be approved by the board during a regular board meeting via resolution, which should include an effective date. If your rules were published (e.g. in a homeowner's handbook), read it to see when this was enacted (again you were on the board and should have read that too).

If the board can enact rules and regulations, I don't think this needs to be in the CCRs. Save CCR amendments for bigger issues, such as an appeals process for rule enforcement or identifying what areas are homeowners responsibility vs. the association. It's faster to enact a rule because it can be amended or dropped, depending on what's going on the community. For example, tastes may change so those "shocking pink curtains' that resulted in a friendly reminder when you were on the board might be the norm today.

If you got a violation notice, I would think there's also an appeals process (yep, as a former board member, you should know that) - file your appeal and make your argument. You might just persuade the board to take another look at the rule to see if it needs to be clarified.

PS - I would prefer a rule that calls for windows to be covered by things that were intended to be used as window coverings. Vertical blinds, draperies and curtains are fine - cardboard, aluminum foil and quilts are not

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Our CC&Rs have a section similar to JohnC's in the Restrictions part of our CC&Rs and also in the Architectural part of our our CC&Rs. And it's elaborated a little in our Rules & Regs. Do you have the latter category in your CC&Rs, Pat?

Even if not, the first part of our CC&Rs says: "DECLARATION. The Association declares that the Property is, and shall be.... occupied subject to the following limitations, restrictions, easements, covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a plan of Condominium ownership as described in California Civil Code Section 4000 et seq. for the subdivision, improvement, protection, maintenance, and sale of Condominiums within the Property, and all of which are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Property."

Do your CC&Rs have something similar, Pat? I've seen language, for example, like the HOA provides a harmonious appearance.

Our CC&Rs also say: "4.3.4 Rules. The Board shall have the power to adopt, amend and repeal the rules and regulations in the Community Handbook applicable to the Residential Owners and rules applicable to the Commercial Owners. The rules shall among other things govern the use of the Common Area and the Association Property by all Owners and their Invitees. However, the rules shall not be inconsistent with or materially alter any provisions of this Declaration and the Bylaws...."

I'm curious that your HOA (also) seems to rules about home appearance in your Bylaws??

DeanJ
Posts: 1,786

Posted:

“Should does not mean shall” and why words like should, recommended, approximately, requests, ect. Should never be in HOA restrictive documemts .

KerryL1 (California)
Posts: 14,550

Posted:

Agree with you, Dean.

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