Allowing Screen Doors vs. Not Allowing Screen Doors

Our condo association is almost completed with a 2 million dollar renovation. We have 82 units. About 15 of the units have, at some point along the way, installed screen doors. This is against the CC&R's, but past board members have not enforced this rule. Now that the building is going to look great with all this new work being done, the board would prefer to have no screen doors. If we did decided to allow screen doors, they would have to be uniform and the homeowners would have to purchase them through our management company. However, our preference is to not have them at all. My main question is this...in your experience, does having just a hand full of unit having screen doors detract from the overall esthetic of the building as a whole? We have heard that in higher end condo complexes, they don't allow screen doors. We have some residents that are upset that we are even considering not allowing them because they want a stream of fresh air coming in, even more so than their large balcony screen doors would allow. They want the screen door on the FRONT DOOR. They don't want to consider retractable screen doors because some have pets that they think would get out. I need some help, especially fact or past experiences that other board members have had to make the point that we don't want to see our home values decrease by having screen doors randomly throughout the complex. Can any of you help me make our case to the homeowners? Our next board meeting is this coming Monday.... June 18, 2012.

Thank you so much for any help that you could give me? If any of you are realtors that could speak to the issue of the esthetic of only a hand full of screen doors making the complex look less "high end", that would be great.

Thanks again!

If the covenants are prohibiting screen doors, the Board typically may not grant waivers.

If there is no covenant prohibiting screen doors, then the Board may adopt a rule/guideline to allow any, all or specific doors. I would not, repeat not require them to be purchased from a specific company. However, establishing specific guidelines (full view, screen or glass or glass w/screen (split), and the color requirement would be logical to have.

Since the Association has allowed doors in the past, it's hard to create a new rule/guideline or prohibition without grandfathering those doors already authorized. This is because the member could easily argue that they properly sought and received authorization from the approving authority (which would likely hold up in court).

When we standardized our storm/screen doors we required that existing doors meet the new guidelines when they need to be replaced (we are a 130 unit town home development).

I don't think it detracts from the look. However, what it might do is give the impression to new owners that screen doors are allowed which can cause issues if the Board now prohibits them.

Hope this helps,

Tim

Howard,

This is our guideline if it helps:

DOORS, STORM/SCREEN

Storm/Screen Doors are optional. However, when installing or replacing a storm/screen door, prior approval from the Architectural Committee is required. When applying for approval, the following should be considered:

• New or Replacement storm/screen doors must be full view or self-storing full view (no panels). Variations to this style will not be approved.

• All full view or self-storing full view (no panels) storm/screen doors are to be painted to match the approved front door color or the approved trim color on the home.

Properties that received earlier approval for other styles of storm/screen doors are grandfathered providing the door is properly maintained. When replaced, the replacement door will require approval and must comply with current guidelines. Additionally, the following applies to all storm/screen doors that are not full view:

• Doors having panels, or are not full view, must be painted the same color as the front door and the shutters.

Good points, Tim. Thanks for your help.

Howard
(In Los Angeles now but was born in NC... very close to the VA border. Family still lives there.)

Our current CC&R's are not very specific about screen doors. However, we are reviewing revisions to our CC&R's next week. I definitely think that we should add something similar to the language that your association uses. Here in California, a vote is required to change the CC&R's, but I believe this wouldn't have opposition. Thanks again. Howard

Good points Anna.

Check local building codes.
If the permit office isn't too busy they might also be able to assist you.

Our SoCal high rise HOA's CC&Rs also doesn't permit swinging screen doors and numerous owners have installed retractable ones. Many have dogs and a friend here has cut a dog door into the screen, but I haven't examined it closely to see the technique used.

We all are very happy with our retractable screens. A nearby high rise specifies not only that screen doors must be retractable, it also specifies a particular brand.

(Ours & their front doors open into enclosed corridors, which may never be propped open.)

As for the old unsightly screen doors, based on the below, it looks as though you'll need to wait till they wear out, and then enforce your new CC&R if your membership approves it:

"TIME LIMITATIONS
Boards must timely enforce violations of the association's governing documents, otherwise they can lose the right to bring an action to enforce a particular violation.

The statute of limitations for violation of a CC&R provision or a rule is 5 years from the time the board discovers the violation or, through the exercise of reasonable diligence, should have discovered the violation. Code Civ. Proc. §336(b); Pacific Hills HOA v. Prun."

Read more: Time Limits http://www.davis-stirling.com/MainMenu/MainIndex/StatutesofLimitationCCREnforcement/tabid/1256/Default.aspx#ixzz1yCH8RYP0
from Davis-Stirling.com by Adams Kessler PLC.

I don't think we're permitted to recommend brands on this forum, Howard. If you want to post your email addy, I'll try to find the brand name for you.

Info will come to you soon.

I just looked through our CC&Rs & can't find (!) the prohibition against screen doors & windows, but recall clearly that "exterior" screens aren't allowed.

Our twin towers were 3 yrs. old when we moved in and residents already had retractable screens because they aren't on the exterior of the doors/windows. No approval from the ARC, mgmt. co. or anyone is needed. I'm suggesting that, depending on the wording in your CC&Rs, you may not even need to revise the CC&Rs re: this topic. Probably should check with your HOA attorney to make sure. Ours doesn't charge for phone advice. It could be that h'owners can just go ahead & have them installed.

If OK, I'd think you just need board approval to proceed. If a sign-up list is made available to h'ownrs, you may get a good bulk rate from the vendor.