HOA Decided to Paint without owners approval

Started by JordanM • 9 replies • 3650 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JordanM (Washington)
Posts: 1

Posted:

I Need some advice on what to do.....

I came home this afternoon to find painters taping off the exterior of my house for painting. I was unaware that the HOA had decided to spend the money to do maintence but I was quite encouraged by the site till I realized they were painting the complex a different paint Scheme. Deeply disturbed by the colors being sprayed I contacted out HOA manager and she informed me that "the board" had approved the color scheme and that was nothing I could do and that the painting would continue. I contacted my neighbors to see how they felt about the colors and they were just as disgusted. So I went through all of my meeting minutes and topic covered memos and I could not find one that mentioned the painting or the change in color. Extremely upset by this I called the manager again and asked if I had missed the meeting where they submitted the new paint scheme. She informed me that they did not notify the owners and again it was the board who voted. Our HOA board has three memebers and these just decided the paint scheme for 32 other home owners. We quickly and easily formed a possible soultion to this problem. We want to petition the board to come up with 3 paint schemes that vary and put them up for a vote. So at the very least the owners have a lil input.

First How do we stop the HOA from continuing to Paint? Our concern being that our money will be wasted if the majority of us disaprove the colors and want to change it. After all the painters will get their money for painting it twice.

Secondly Should we go about informing the Board that painting all of our house on the decision of just three people is unjust and needs to be corrected?

Thirdly How can we get our suggestion put up for a vote?

Any help would be greatly appreciated!

TimB4 (Tennessee)
Posts: 21,062

Posted:

Jordan,

It's possible that the Board did an action without a meeting. In this case they decided on the paint color outside of a meeting. This is typically a legal thing to do. However, this is not what the process should be used for.

Basically, as I see it, if your board doesn't use your suggestion, your stuck with the current scheme unless the membership signs a petition for the purpose of calling a special meeting to amend your governing documents that all changes in exterior colors must be brought to the membership for a vote. Note: this won't force the board to change the new paint scheme but will require future paintings to have the membership vote if there is a change in color.

The other option would be to petition the membership to call a special meeting for the purpose of recalling the board and to elect a new board that will agree to have the membership vote on the scheme.

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

I am assuming that the paint color choice is under the power of the board (No ARC committee?) If the decision on the paint color was made without being on the agenda and without passing a motion to approve, I suppose you could file an injunction to stop work.

Find a lawyer to check it out.

(You might have to show 'damages' on this decision)

PetunkaM (Florida)
Posts: 1,009

Posted:

Jordan,

Can the membership quickly petition the Board to stop painting? Clearly, the Board is not acting in the best interest of the owners. They should have selected color scheme for owners’ approval. It may not be required BUT it is the right thing to do. After all it is your home and the board is responsible for exterior maintenance only. The choice of colors should be discussed and approved by the community. I guess the Architectural Board is the Board of Directors in your community.

FredS7 (Arizona)
Posts: 927

Posted:

It MAY be that the board had the authority but even if so this was a stupid decision.

DonnaS (Tennessee)
Posts: 5,671

Posted:

My 55+ villa community went thru the same issue with the paint color selection.The Board has the authority to chose color, case closed. In a perfect world, a Board would give the owners a choice of color. In the real world, maybe they got a deal on a leftover color, maybe the Board is colorblind or maybe the Board felt that giving the owners a color choice would end up with some happy, some not happy and no choice of color coming out ahead.

Unless the color is not consistant with what covenants or an ARC may say, or is hideous, then to try and stop the painting and to repaint all of the units that have already been painted, would be expensive and time consuming. Color, like art is in the eyes of the beholder. You would never ask my Husband and I to chose an outdoor color because we would never agree on that.

PetunkaM (Florida)
Posts: 1,009

Posted:

The Board has the authority to chose color, case closed. (Donna)

Donna,

And, how do you know that? Have your read their covenants? Our covenants do not say the Board has the authority to choose colors. They do not. We vote on colors.

Several other problems: One, the Board did not have a meeting to discuss or authorize the painting and/or colors. It appears thy even did not notify the owners such job is scheduled. How is that possible? Maybe the case is closed but maybe it is not. You or I cannot make that determination. Hope you agree.

RogerB (Colorado)
Posts: 5,067

Posted:

Jordan, The purpose of having a Board is to make decisions for all owners. It would be very impractical to have all owners involved in the numerous decisions made by a Board. If painting had been put to a vote of all owners it is my experience that many would not respond and those that did would have several opinions on the color.

Persumably a contract was approved with the company doing the painting which must be honored. If so, I suggest you drop this issue unless you can get a sufficient majority of the owners to approve a special assessment to pay for the cost for repainting a different color.

PetunkaM (Florida)
Posts: 1,009

Posted:

Our HOA board has three memebers and these just decided the paint scheme for 32 other home owners. We quickly and easily formed a possible soultion to this problem. We want to petition the board to come up with 3 paint schemes that vary and put them up for a vote. So at the very least the owners have a lil input. (Jordan)

Roger,

this is how we handle it. The Board gets 3 pre-selected colors and we vote. And we have almost twice as many units. Works like a charm and believe me everybody votes and most importantly, there is no bad blood. I can understand a large condo building etc. would not go with this procedure..

DonnaS (Tennessee)
Posts: 5,671

Posted:

We had a HUGE 2 story home that applied for and was approved to change his paint color to a bitter mustard gold color with dark green shutters. It was approved by an ARC that consisted of a code enforcement officer and a guy that designeed extremely high end furniture for Miami along with 3 other members who also approved the color.
After the first side of this huge house was painted, the neighbors tried desperately to have him stop and tone down the color, to no avail. Once the house was landscaped, it turned into the jewel on that street with the Key West look. 5 years later, there are still neighbors who absolutely hate the color. So certain colors are liked by some and hated by some.
In a developement where every unit is the same color, some will be happy and others will continue to not be happy. It's like a crap shoot on which color would please everyone. And as Roger said, there are times when a Board must make the executive decisions.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here