California Outside Paint Color on Shutters

Started by DavidC34 • 2 replies • 1413 views

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DavidC34 (California)
Posts: 1

Posted:

We closed escrow 4 days ago. The HOA had contacted escrow about the color of our shutters being not allowed - so we were aware. We have now received a rather nasty email from the HOA more or less saying we were aware of this and they have waited long enough. Apparently, we should have painted the house before we owned it. They also say we are liable for an outstanding $50.00 fine.
I should say this was a short sale and the house was vacant about 8 months. The previous owner did keep up on HOA dues.
We found google street view pictures that the shutters were this color at least as far back as 2011.
We like the color but are willing to change it - just don't like the attitude.
If the shutters have been a color not allowed for some period of time do we have to change it?
Do we pay the fine?
How long after closing escrow do we have to comply with out of spec. conditions?
A 'welcome to the neighborhood' would have been nice.
Thanks!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DavidC34 on 06/11/2013 12:50 PM [emphasis added]
We closed escrow 4 days ago. The HOA had contacted escrow about the color of our shutters being not allowed - so we were aware.

That pretty much sums up the issue.

We actually have a member who is livid with the Association because his sale was placed on hold by the buyer until the issues the Association said was out of compliance was taken care of. The Association had been working with the member for years trying to gain compliance.

Quote:

Posted By DavidC34 on 06/11/2013 12:50 PM

I should say this was a short sale and the house was vacant about 8 months. The previous owner did keep up on HOA dues.

Fortunately the past dues is an issue between the previous owner and the Association.

Quote:

Posted By DavidC34 on 06/11/2013 12:50 PM

We like the color but are willing to change it - just don't like the attitude.

I think you hit the nail on the head. It's often the approach that puts people on the defensive and not the actual issue itself.

My suggestion:

1) Request a meeting with the Board (as the Board can waive fines)
2) Hire a painter and have the issue fixed.
3) At the meeting, if the work wasn't already done, explain that you received a fine notice 4 days after closing. That you first learned of the issue at closing and the reality is it takes some time to solicit bids and schedule a contractor while in the middle of a move. Then explain that you are willing to comply with the governing documents and have had the work done/scheduled (show your painting contract) and that you request that the monetary penalties for noncompliance be waived.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Welcome to the forum, David.

As usual, Tim gives good advice. Do check your own governing documents, though, to see who potential fines must be handled by the board in your HOA. Your documents should be in compliance with CA Civil Code on the topics of violations and fines. So, go to David-Stirling.com to see what's permissible in our state (CA). (It's put together by HOA attorneys.)

I believe the Board must give you warning in writing via US mail to correct a violation within xx days or immediately if dangerous. If you don't comply, by law, you must be called to a hearing, again in writing via US mail, where you can explain your situation to the Board.

It seems that your Board did not proceed properly. They, in CA, may not levy a fine without a hearing. But do as Tim suggests, which'll help make your transition to your new home smoother. No point in ruffling feathers right away. You don't know yet if your Board is abusive or just uninformed.

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