ARC acted on a house paint color after the house was in the process of being painted

What's there to argue? The application did not go thru the proper channels. (there ARE clear procedures and guidelines, aren't there?)

If the ARC lets this one "slide" be prepared to never have authroity again.

Is "dark mustard" an approved color?

The problem I have with the OP is that the color change was approved (2 for, 1 against). At this point, I don't think it matters that the application wasn't handled properly. It was stamped "approved." The association goofed.

"Oh, sorry, we didn't mean to do that. We take our approval back."

The only court action I see is a possible lien. The owner has to either comply willingly to the change in color or the HOA will have to re-paint the property for them. The cost of the new paint job is then charged to the owner. If they don't pay, then the HOA can lien for the paint job costs. It's up to the owner to pick up the costs of violating the rules. A risk one takes whenever not getting prior approval.

I had an owner who had a hard time selecting paint. He tried to paint the house a "Plum" color that was a bit off from our color scheme. Purple is an approved color just not the shade he was painting it. He must have tried to repaint 3 times before we finally got it right. There was more complications involved as my ex-president con-man who happens to operate his own paint business got involved....However, the owner was responsible for ALL the attempts of mis-applied paint colors. We did allow him to experiment on a wall to get the color right before we let him do the whole thing.

I wouldn't sue because that is a bad idea for the HOA and won't resolve much. It's best to go with the lien process. The house will get repainted that way and hold the owner responsible.

Mark,

You did originally use the word "vote" when referring to the board.

You say that mustard is not an approved color. Does there exist, somewhere, in writing, a list of approved colors? Does that list exist in the CCRs, rules and regulations, architectural guidelines? If so, then the ARC erred by approving the color change and the ARC approval can be reversed by the BOD on those grounds. If no such list exists, then the ARC can approve any color it wants to. Again, the BOD can reverse the ARC decision, but at this point they don't appear inclined to do that.

Suppose there is a list of approved colors and it can be shown, by pointing to something in writing, that the covenants have been violated? Whose responsibility is it to enforce the covenants? It is the Board's responsibility. And, if the Board stands behind the ARC's decision to approve the color, then what?

Melissa, who is going to order the house to be repainted and levy the costs on the homeowner or fine the homeowner for non-compliance? That's the Board's job, and if the Board upholds the ARCs (possibly wrong) decision, they're not going to do that. What do you do then?

Roger,

Your point #3 is exactly what I said in my first post. Once it has been approved by the ARC, nothing else matters. It's a done deal.

Roger and Bruce,

Go back and reread the original posting. The ARC voted against the color change. The Request for approval didn't get to the ARC until after the homeowner started painting.

Mark,

A couple of questions on the approval process.

1. How long did the Association (Secretary, manager or otherwise) have the request before the decision by the ARC?

2. Is there anything in your governing documents specifying an automatic approval if no answer is received within x days of submitting?

We have had similar experiences within my Association. One person entered into an agreement that the house would be returned to the approved color at the next painting or prior to the home being sold - which ever came first. Another person was offered a similar deal but refused and was taken to court and forced to repaint.

Bruce,

Your right, I was the one who needed to re-read the post. Thank you for pointing that out.

This makes the issue simple as you and Roger pointed out. The color was approved.

Tim

Petunka, Tim,

Mark, the Board could approach the homeowner with an offer to pay for repainting an approved color. This could be less costly than legal costs. With the ARC approval date you stated if I were the owner and you took me to court I would file (and expect to) to have my legal expenses paid by the HOA.

I agree entirely with Roger & Bruce! Get board approval to spend the funds to paint it an approved color. It is well worth it. Then, move on!

ARC approved, end of story...they should have done nothing and then could have fallen back on the premise that the owner did not submit a request.

If the HOA takes this one to court they are fools...admit defeat, work towards a solution and get a different ARC committee