What can I do?

Started by BruceL6 • 11 replies • 1786 views

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

⚡ Takes 30 seconds

Already a member? Log in

BruceL6 (California)
Posts: 5

Posted:

Hello Folks,

I am new here and found you guys through google.

Any way, I have a situation that I do not know how to resolve with my HOA.

We painted the whole house (light yellow) 7 months ago, and 6 months ago, HOA Board supposedly sent a letter stating that we need to repaint the shutters from White to some complimentary colors, which we never received.

Last month, I tried to rent the Club House for my kids 9 and 3 yrs old Birthday party. A person from HOA confirmed that we have the reservation and where to pick up the key. So, my wife and I printed the invitations, order foods, took time off work for the party.

A few days after we sent the invitations, we received an email from HOA (the guy who told me that our reservation was good to go) stating that they are not able to rent us the club house due to non-compliant, His email included the letter that we never received stating we need to repaint the shutter from White to complimentary colors.

To make it short, we went back and forth with emails. We painted the shutters to Blue (a few houses in the neighborhood has it) so that we could move on. Now this morning, HOA sent another letter stating that they wanted us to repaint the house to original color (off white) and will not rent us the clubhouse until further notice. It was never in the letter that they supposedly sent 6 months ago.

What can I do? The party is only a few days away.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

First, stop emailing. Go knock on the guy's door and explain the situation. Sometimes you just need to meet face to face to get things done. He may sympathize with you and let you have this one party.

BruceL6 (California)
Posts: 5

Posted:

I tried that as well. Spoke wtih 3 /5 Board mbrs and they were ok with colors. Can't seems to get a hold of the other two (one is a cop and work swing shift)

BrianB10 (North Carolina)
Posts: 24

Posted:

Did you receive a letter giving you the ok to repaint house when you painted it yellow? If so, I think you can make a strong case to the other Board members that you are in the right and to allow you to move forward with the party.

BruceL6 (California)
Posts: 5

Posted:

The only letter they gave us states that we are authorized to paint any colors that is within the HOA control homes. Yellow is one .. The mistake that I made is got the Semi Gloss vs flat base that all homes uses.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By BruceL6 on 03/26/2013 1:14 PM
I tried that as well. Spoke wtih 3 /5 Board mbrs and they were ok with colors. Can't seems to get a hold of the other two (one is a cop and work swing shift)

Three out of five are OK with the colors? Sounds like a majority to me. Since when does the minority rule? Unless there is something specific in your documents that states that you are non-compliant, the board can override its own rules or grant exceptions.

BrianB10 (North Carolina)
Posts: 24

Posted:

If you have a letter in hand that says you are authorized to paint and you were in compliance with the colors you are standing on pretty firm ground and I would not hesitate to let them know you feel that way (though being as gentle as possible). If they still will not budge you will have to determine how far you are willing to take this, but I most certainly would not repaint your house.

BruceL6 (California)
Posts: 5

Posted:

This is what I got in the email late yesterday.

"Good Evening,

The Board has suspended your privileges to use the clubhouse at this time. The Board is not happy about the color of shutters. The board wanted you to select a color that would better complement the color of your home. At the end of the day, the color is still not satisfactory. They would like you to restore the color of your home. Please advise if you have any questions."

When I asked what would be the complimentary color for the shutter, all they say is the complomentary colors. I went from Red to White to Blue.

CarolR11 (Colorado)
Posts: 2,563

Posted:

The other thing, BruceL6, are you sure the board has the authority to suspend privileges? This would be in your CC&Rs or bylaws.

But, even it they don't, I don't really know how to get around them in such a short time as they have the key. As others have said, you need to beg, I think. Is this board or one or members on it angry with about something else?

BruceL6 (California)
Posts: 5

Posted:

Good Point, CarolR11.

I think one of the member, the cop that works swing shift, was a litlle upset that the last time we rented the place (last year), we forgot to check the oven and let a tray of food :-)

He might be the one blocking it as come to think of it. He is the one that holds the key to the building.

BrianB10 (North Carolina)
Posts: 24

Posted:

Unfortunately, your Board sounds like they are on a power trip... So, I have to refer to my previous statement, "how far are you willing to take this?" Being a builder I know what it costs to repaint a house. A LOT MORE than one letter from an attorney. Apply a little pressure and see if they break. When I was property manager we would always pay more attention from an attorney letter. Meaning we would review the issue with more scrutiny and make sure the association was standing on solid ground before we denied a specific request. If they blow back your in the same position you are now. You have a document from them giving you permission to paint your house. You painted your house in an approved color. They asked you to paint shutters, you did. Oh well we don't like that, change it back... At the very least you could say, "ok, but you are paying all expenses," I would say somewhere in the neighborhood of $8-$10 a square foot for both you first painting project and the requested second..."

I think you have a strong case, but I am not an attorney and the board has access to association funds to fight you if they deem it necessary.

LauraR5 (Tennessee)
Posts: 220

Posted:

They should've told you your privileges were suspended when you went to rent the clubhouse. Also, did the original letter say that restricting privileges was a consequence of non-compliance or is it in your CC&Rs. Regardless, if you painted your house to the same colors as three others in the neighborhood and three out of five board members approved it, there should be no issue.

I'd talk to the board members who approved it. Surely if those three are on your side this shouldn't be an issue. I also agree that a sternly worded letter from an attorney is cheaper than repainting your house. Talk to them in person and push back a little if necessary (remembering that you get more flies with honey than vinegar, of course). This sounds like a personal issue.

🎯 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