forced painting

Started by RobertR15 • 8 replies • 1554 views

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RobertR15 (Arizona)
Posts: 3

Posted:

I am confused we have a new member who is buying a home in our subdivision and is being told he must paint his home its been selected for re paint... That is fine while the house is 10 years old and the paint showing signs of fading i can agree... BUT this rule is only being inposed on select members .. AS you look over the subdivision you see many homes in much MORE need of paint but they are not being asked to paint because this rule is only applied to NEW members ,, i feel this could be challanged as a form of discrimination and the HOA could be sued am i correct in this thought?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Before you get in a tizzy, ask them to show you the ccr/bylaws that impose the new member, must repaint rule. Or the paint rules in general.

Sue? LOL. Your not seriously talking about spending thousands on a lawyer vs just repainting the house? Penny wise, pound foolish if you ask me. Lets say miraculously you win, the house still needs to be repainted. Why? The paint is OLD! You want to protect your home!

RobertR15 (Arizona)
Posts: 3

Posted:

of course i am becaues if rules are not applied to all then its not fair ... The reason for the repaint is to improve the subdivision and therefor my investment ... great i agree but what about the other houses that are NOT being asked to repaint? So i paint mine and that helps my neighbors by impoving the subdivison but my neighbor DONT have to paint his because he has been a member longer then me? What i am asking is this fair i have a lawyer already who will tell me if its legal ... To many subdivisions are run by people more interested in control then management ... I was recently in another subdivision and the fee inclued front lawn care ,, i was told due to the state of the economy there was a shortage of money in the subdivision funds for yard work, i said fine i understand , well one year later the lawns look like hell , all the homes are sold and the only people with a nice lawn are the homes where the board members live?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

and you bought into ANOTHER hoa ?!

CAVEAT EMPTOR

RobertR15 (Arizona)
Posts: 3

Posted:

yes i know but i am a 100% disabled vet so maybe this is my new mission to spend my time in a very small way making things fair ... I am sure many just dont have the time to bother with this stuff.. I am one strubbon old fool and maybe it will be the HOA that is the one sorry i moved there

JeanneK3 (Maryland)
Posts: 562

Posted:

Robert:
I believe Arizona has administrative law judges who hear complaints about HOAs. Perhaps you should take your situation to them.
Jeanne

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JeanneK3 on 06/08/2012 12:52 PM
Robert:
I believe Arizona has administrative law judges who hear complaints about HOAs. Perhaps you should take your situation to them.
Jeanne

The Arizona Courts of Appeals ruled that the administrative scheme of hearings violated the Arizona Constitution. See GELB v. DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, (App. 2010).

There is currently no administrative agency to take HOA complaints to in Arizona.

PeterD3 (Florida)
Posts: 708

Posted:

You will likely have to paint BUT...

Don't assume anything. Maybe the others have been notified too.

Ask to see the written policy on how this type of issue (violation) is administrated AND see if there is an appeal process.

Point out other properties you feel are in similar (worse) condition and submit it in writing for creating a paper trail and eliminate plausable denial of there existence (eventhough it is your opinion. This may cause friction with your new neighbors.

Ask why the previous owner was not required to paint in the past before you moved in. Caveat Emptor is no excuse for arbtrary enforcement and really, how could you beware of something you could not be aware of until you 'joined'.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robert

You said "select members" as in implying some are being selected, versus "all new members" which is not being selective.

You also imply all new members must repaint their houses which I doubt is the case.

You also say some houses look bad but they have not been told to repaint. Are you sure?

I think you might have to closer examine/understand the facts.

Hope this helps.

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