Tightrope - New owner modified front door

I would send them a letter stating that there is a HOA and rules. Simple as that. It can be signed as "HOA board" with no specific name. The person may not have been aware there was an HOA. It's considered in many states as the BUYER's responsibility to know there is a HOA. Most properties are purchased using a Realtor, mortgage company, and lawyer who don't know anything about the rules of HOA. They may just be aware of a HOA does exist. It's up to the NEW owner to find the actual rules usually from the previous owner, courthouse, or calling the HOA for a copy.

A foreclosed property may skip a few of these people. The former owner's may not be in the picture to give the new owner the documentation. It may not have gone through a Realtor if it was a bidding situation. The property could have been a CASH sale so no mortgage company. The closing attorney looks for other things other than HOA existance. Basically, if it ain't got a lien on it from a HOA, they may not even know about an HOA.

So consider these factors and approach the new owner. Simply give them a copy of the rules and tell them how their choice effects the aesthetics of the rest of the homes. Plus the HOA can remove the violation themselves if they need to. They then charge the owner for the work done to remove it. IF they don't pay then a lien can be placed for the amount the HOA spent removing the violation. This is the worst case scenerio IF things do get nasty. Which they shouldn't if everyone acts professionally and puts it in writing.

Ir is the Boards responsibility to assure that the Realtors and Auction Companie are aware of the HOA,Declaration and Bylaws. I am the treasurer and took it upon myself to track down these Companies, introduced myself and forwarded the documents to them. We had 13 foreclosures and so far I have only had one problem, the unit just closed. We also receive copies of the closing documents, so we are aware of the ownership. The problem we have, is with a foreign national the HUD show a different name, than the person I met, so I am sending a certified letter to the new owner via the Assoc. Attorney, advising him that if he has rented his unit he is in violation of our Declaration and Bylaws and that he will have a 10 day cure period, after that he will be fined and legal action will be taken. We are a rental restricted community and all rentals have to have Board approval and that includes tenant approval.
As far as painting the door is concerned as long as it is the same color, maybe all the other doors need to be painted, which should be handled by your Assoc. Adress that issue with the Board, I would rather have a good looking exterior and a dues paying homeowner.

Let me throw in my 2 cents as the Architectural Control Committee chair of a California HOA.

First, the issue is not whether the appearance of the door treatment is good, bad or something in between. The issue is a much larger issue, and that is: Has this homeowner violated the architectural control policy, or the CC&Rs of your HOA? If he has, then you have some problems, not the least of which is the fact that he's going to be on the Board, deciding such issues and enforcing your governing documents in similar cases. If you think talking with him about it now might cause ill feelings, imagine what will happen after he becomes a board member, and continues to do whatever he feels like doing to the property.

How can a board member violate your own governing documents, and then sit in judgment on others who do the same?

An HOA has by-laws, CC&Rs, rules and regulations and architectural guidelines for a reason. All of you all own the property collectively, and unless it's stated to the contrary somewhere in your governing documents, no one of the owners has the right or authority to unilaterally alter the external appearance of your property. That is, in fact, one of the fundamental principles behind the existence of CIDs in California: The right to live in an attractive and stable community where each homeowner has an equal say in what happens there.

Now let's look at AnonY's point, that you ought to thank the guy for rescuing a foreclosed property and improving it. When you begin to allow random changes in the external appearance of your property, potential buyers may very well see it as a negative indication that no one is in charge. That is death when it comes to property values, or even securing a loan. No one wants to buy into a CID that is not managed properly.

There is also the problem of maintenance: Who will be responsible for maintaining the door in the future, if your CC&Rs state that the exterior finish is the responsibility of the HOA to maintain it? Is the HOA supposed to go out and buy that particular finish and paint that door when the time comes, and paint all of the other doors with some other finish? It doesn't work.

Here's an idea: If the new homeowner's treatment is attractive, fits into the rest of the design, is more durable and reasonably priced, the HOA could vote to treat all of the exterior doors the same way. You could use this as a teaching aid for all of the new board members, in that the right way to go about it is for a homeowner to bring the proposal to alter the door treatment, or change the color of the buildings, to the board. The board then deliberates it, and moves forward (or not) according to the authority granted to them by your governing documents, and by the Davis-Stirling Act.

This could end up being a positive thing, no matter what, but one thing is certain: if you are going to serve as a member of the board, you had better get a handle on the governing documents that provide the foundation for your community. If you don't, you are asking for chaos.

Rob