HOA Forcing me to paint my house

Started by KevinP9 • 25 replies • 4019 views

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KevinP9 (Colorado)
Posts: 11

Posted:

Hi, I have done some research and my CCR only says that the house can not be in a state of disrepair. There is nothing in my CCR that specifies that a house must be painted every X number of years. I painted the house myself in 2006, with 15 year warranty paint. The garage is faded and one side of the house facing south is faded. To me it would be much cheaper to simply paint those sections.

The property manager I have been dealing with however, won't budge. I keep asking for the contact information for the BOD, but I am not getting it. The is a "Hearings Violations" meeting coming up on Nov. 2nd where I could be fined $100.00 for not complying.

I have read in other placed that if there is nothing specific to paint in the CCR, they can't make you repaint. Why can't I just re-paint the faded section and be done. I am looking for some advise. I tried to upload the photo here but it is larger then 200KB. The house in my opinion looks fine with very little wear.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Kevin,

The good news is that there is already existing case law in Colorado that says, in effect, vague or ambiguous terms in CC&R's are not enforceable. See Allen v. Reed at
http://caselaw.findlaw.com/co-court-of-appeals/1464443.html

The bad news is that you may have to go to court to win this one. I recommend retaining an attorney ASAP and deciding upon a course of action.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kevin,

Have you tried just painting the faded sides to see what it looks like or have you simply chosen not to paint anything because you weren't getting responses you wanted from the PM?

TimB4 (Tennessee)
Posts: 21,059

Posted:

In doing some research, exterior paint lasts between 5 and 10 years.

The life expectancy is based on weather conditions, Ultra Violet light, maintenance and quality of prep work when being applied.

Therefore, if you painted in 2006, it's likely time for another paint job.

Here are some links:

Exterior Anxiety: Painting the outside of your house is a lot more than just picking a color per this article: "A good latex-paint job on a clean, correctly repaired house should last about eight to 10 years, painters say, but that's about it -- even if the label on the can says it's guaranteed for 25 years."

How Long Does Exterior Paint Last? Tips to a Long Paint Life from this article: "The average home requires repainting every seven to ten years. This can vary based on weather patterns and building materials. "

Table of Life of Exterior Wood Finishes (Paints & Stains) on Various Types of Wood Surfaces

Painters Handbook: from page 114: "most paints have an average useful life span between 7 and 12 years."

KevinP9 (Colorado)
Posts: 11

Posted:

Thank you, I totally agree with you. Where does it go from here? On Nov. 2, 2016 there is a violation hearing where they will discuss the violation and possible tack on a $100.00 fine. Are they allowed to tack on a fine without a court judgement? Do I have to file suit against my HOA and if so any rough ideas on how much that would cost?

So far I can not get past my property manager. He simply says he will "relay correspondence to the Board member". Shouldn't I be able to contact my elected board members directly?

My concern is that if I do nothing they will keep tacking on fines, put a lean on my house, etc. What steps do I need to take and in what order?

Here is a link to the pick of the house taken by the inspector claiming the paint is fading and that the whole house must be repainted. As you can see from the photo the house looks fine.

http://library-static.snapfish.com/library/share?token=NvAy6sTHGqB5ajuueGw3NQ/AUS/27937743892/SNAPFISH&w=snapfish_us&c=snapfish&l=en_US

KevinP9 (Colorado)
Posts: 11

Posted:

Tim,

I did not paint the faded sections yet, because I will be even more upset if I do that and then the PM comes back and says " no that is not acceptable, the whole house needs repaint". If/when I get them to agree that there are only a couple of spots that need painting, then I will of course take care of it.

ND (PA)
Posts: 792

Posted:

Kevin,

Taking a step back a bit . . . What is the violation that you have been accused of committing? Have you received a single letter in regard to this violation or have you received multiple? What does the letter direct you to do?

If receiving a violation , there should be a specific section(s) of your HOA's documents that you are violating. If things are vaguely stated, then you may have reason to challenge the violation accusation.

Additionally, there should be a violation process spelled out in your documents that explains what your HOA's process actually is to accuse you of a violation and then fine you for nonconformance and continued nonconformance.

I think you first need to find out what wrong you have committed before you know how to defend yourself at a hearing. And it could likely be that you agree the faded sides should be repainted, but knowing more in advance will help you to develop and present a case for repainting some rather than all.

KevinP9 (Colorado)
Posts: 11

Posted:

ND, thank you for your response. You seem very knowledgeable. I think the most recent notice that I received is a second notice. It is entitled -HEARING NOTICE_. I have scanned the notice, but again not sure if it will go through due to size limitation.

There is no specific violation number or section listed in the that was sent to us. I emailed the PM and asked him the same thing via e-mail. He then responded by e-mail saying I was violating Section 3.2 which is a vague clause about the property not being allowed to go into a state of disrepair.

KevinP9 (Colorado)
Posts: 11

Posted:

ND,

I was able to scan the letter, convert it to word doc. I then removed our names at my wifes request.

October 13, 2015
Subject: SADDLE ROCK RIDGE HOA, INC, PAINT - Exterior Home Image, AURORA CO 80015Image
-HEARING NOTICE-
Dear

It has recently come to the attention of the Association that an alleged violation of the Saddle Rock Ridge Declarations and/or Guidelines is still occurring at the above-mentioned address. Specifically, due to fading, thinning and/or discoloration, all previously painted exterior surfaces of your home need to be repainted October 1, 2015. The Declarations and/or Guidelines for Saddle Rock Ridge state:
(A) All exterior colors must be reviewed for approval by the Committee. (B) All roof vent caps, louvers, plumbing stacks, chimney flashing, valley flashing, etc. are to be painted a color not in contrast with the color of the roofing. (G) Paint shcemes must be different from nieghboring homes. (H) Garage doors are to be the same color as the siding or trim unless otherwise requested and approved by the Committee.
The Association previously requested that the entire home be painted Please complete the enclosed Paint
Improvement Request Form and return it within ten (10) days from the date of this letter, to obtain written approva .
ImageShapeSince the alleged violation is continuing to occur or has. not been corrected, you are invited to a hearing before th Board of Directors to be held on Monday, 11/02/2015. The hearing will be held during the Board Meeting, located at Canyon Creek Elementary School, 6070 S. Versailles Pkwy following the regular business of the Association. The meeting will begin at 6:30 p.m. At this hearing, the Board of Directors will discuss assessing a $100 fine to yo r account and/or initiating legal action; you are encouraged to attend this hearing. If you are unable to attend the hearing but would like to respond, please do so no later than the Wednesday prior to the hearing for your respons s to be considered by the Board. Please be advised, the Association reserves the right to initiate legal action at any

DonA2 (Arizona)
Posts: 170

Posted:

Unless you painted your house an unapproved color, the explanation of the infraction doesn't seem to fit. It says nothing about the home being in disrepair. They should tell you exactly what infraction you are in violation of and provide you with pictures showing the infraction.

ND (PA)
Posts: 792

Posted:

Quote:

Posted By KevinP9 on 10/21/2015 7:20 AM
ND, thank you for your response. You seem very knowledgeable. I think the most recent notice that I received is a second notice. It is entitled -HEARING NOTICE_. I have scanned the notice, but again not sure if it will go through due to size limitation.

There is no specific violation number or section listed in the that was sent to us. I emailed the PM and asked him the same thing via e-mail. He then responded by e-mail saying I was violating Section 3.2 which is a vague clause about the property not being allowed to go into a state of disrepair.

Quote:

Posted By KevinP9 on 10/21/2015 7:28 AM
ND,

I was able to scan the letter, convert it to word doc. I then removed our names at my wifes request.

October 13, 2015
Subject: SADDLE ROCK RIDGE HOA, INC, PAINT - Exterior Home Image, AURORA CO 80015Image
-HEARING NOTICE-
Dear

It has recently come to the attention of the Association that an alleged violation of the Saddle Rock Ridge Declarations and/or Guidelines is still occurring at the above-mentioned address. Specifically, due to fading, thinning and/or discoloration, all previously painted exterior surfaces of your home need to be repainted October 1, 2015. The Declarations and/or Guidelines for Saddle Rock Ridge state:
(A) All exterior colors must be reviewed for approval by the Committee. (B) All roof vent caps, louvers, plumbing stacks, chimney flashing, valley flashing, etc. are to be painted a color not in contrast with the color of the roofing. (G) Paint shcemes must be different from nieghboring homes. (H) Garage doors are to be the same color as the siding or trim unless otherwise requested and approved by the Committee.
The Association previously requested that the entire home be painted Please complete the enclosed Paint
Improvement Request Form and return it within ten (10) days from the date of this letter, to obtain written approva .
ImageShapeSince the alleged violation is continuing to occur or has. not been corrected, you are invited to a hearing before th Board of Directors to be held on Monday, 11/02/2015. The hearing will be held during the Board Meeting, located at Canyon Creek Elementary School, 6070 S. Versailles Pkwy following the regular business of the Association. The meeting will begin at 6:30 p.m. At this hearing, the Board of Directors will discuss assessing a $100 fine to yo r account and/or initiating legal action; you are encouraged to attend this hearing. If you are unable to attend the hearing but would like to respond, please do so no later than the Wednesday prior to the hearing for your respons s to be considered by the Board. Please be advised, the Association reserves the right to initiate legal action at any

Kevin,
Thanks for the additional info. According to the posting rules, you're not supposed to put HOA names in posts either. Consider this your slap on the wrist.

So this is the second notice you received then? Did you take any action after the first notice? And did that result in anything noteworthy? Or is that just the correspondence back and for the with the PM?

It seems to me that they are trying to reference the Section 3.2 of your documents and somehow indicate that your home has fallen into a state of disrepair due to some faded paint. IMO, that's quite a leap. And if it's only some faded paint, then it seems extremely petty to me. Is there more to the story or your history with the PM or Board Members that you haven't revealed?

Unless you're really willing to put in time and money to fight them, you need to come to some agreement at this hearing. Unfortunately the Board and PM (with Board direction) can really make this painful for you. I think they're being excessive in their interpretation of Section 3.2 (however, I haven't read that section), but the burden is now on you to do one of the following: 1) prove their interpretation wrong and get them to withdraw the violation (doubtful and probably expensive for you); 2) agree with them partially that the faded sides could be repainted and agree on a reasonable schedule for repainting; 3) ignore them and probably get additional letters, fines, legal action.

You need to go to the hearing and present a reasonable case. You'll get much further with them if you are calm, composed, professional, and agreeable (to an extent). I think if you work together on an agreeable solution, then that would work out best for all. Otherwise, they could easily stand their ground and require full repainting of your home. Good luck!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Since the name of the development was mentioned, I looked and the documents are online.

Section 3.2 of the CC&Rs states (in part):

Section 3.2. Maintenance of Community - All property within the community, including any improvements and landscaping thereon, shall be kept and maintained in a clean, attractive and sightly condition and in good repair.

I suspect that they consider the faded paint as unattractive and unsightly. Both terms are subjective and are not defined in the CC&Rs. This leaves it open for interpretation.

From the Guidelines and Regulations: (see page 17 and page 48)

It is recommended that all homes be painted on a regular schedule to avoid chipping and peeling.

Note: In reading some of the minutes of the 2014 board meetings, there were a few hearings on painting. It appears that the Board is trying to be fair as in the minutes I checked, it was decided that one home didn't need painting and another home only needed shutters and trim painted (vs. the whole house) and they are willing to waive fines if the homes are painted by a specific date.

JeffT2 (Iowa)
Posts: 880

Posted:

By the way: Colorado is usually a bit too cold in November for paint, so think spring.

KevinP9 (Colorado)
Posts: 11

Posted:

Thanks to all for the responses.

To answer ND question, I did contact the PM after the first notice. He admitted over the phone that only some areas were faded. I didn't hear anything for awhile, until the second notice came up requiring we paint the entire house.

I live in Florida and the house in question is an occupied rental house in Colorado. I am not sure I can make it to the HOA meeting on November 2, 2016. I have asked the PM how to go about entering a statement at the hearing, and all I have gotten so far from the PM is that any and all correspondence will be passed to the board through him. I guess my question from you guys is would I be better off trying to get a neighbor or tenant to go the meeting on our behalf?

We will be in a better position to paint the house next spring/summer. I don't however like getting bullied by the HOA when we can all agree they are being excessive and overstepping their authority.

I am trying option number 3, but so far the farthest I have gotten is the PM saying he will pass the request onto the board to drive by the house and make an assessment.

No there is no significant history with the HOA. It's a rental and we our over 1,000K miles away and there have been a couple of minor issues, but we have always addressed them in a timely manner and nothing more ever came of it. Maybe they do not like the fact that it is a rental?

Any advise on how to proceed with this meeting and how to make an "appearance" without physically being there?

ND (PA)
Posts: 792

Posted:

Would be simplest for you to deal with this yourself rather than having another person get involved on your behalf.

I suggest that you request a hearing over the phone/teleconference. However, anyone half competent with a smartphone or computer nowadays could set up a video conference too. You could email any supporting documentation, pictures, or other evidence you would otherwise have presented in person. If Board is reasonable, they will accommodate someone who couldn't be there physically.

Tim seems to have provided the wording directly from your documents. I agree with him that it is open for interpretation. They could interpret faded paint to be unattractive and/or unsightly. If that's the case, then your house could be in violation. They would need to be consistent with that interpretation; however, that's tough for you to know being 1000 miles away.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kevin

As you are not there to properly evaluate (as in look) if the house needs painting plus I expect you are not wanting to spend the money to do so, what is one to think?

KevinP9 (Colorado)
Posts: 11

Posted:

John,

Well the PM inspector evaluated the paint without ever stepping foot out of their car, so what is one to think about how they evaluated the paint? I was there a year ago and the paint looked fine. Plus my tenant also feels the house basically looks fine. Look at the photo yourself and ask yourself if the house looks "unsightly" or in "disrepair" or any of the other vague words that don't specifically pertain to paint.

It never ceases to amaze me how easy it is for some people to demand that others spend money. How many hours do you think a property inspector must work to afford the cost of a paint job, yet it is so easy for them to make a split second decision that this home must be re-painted.

I am glad I got this escalated out of the PM's hands to a level headed reasonable board member. Thanks to all for your help.

KevinP9 (Colorado)
Posts: 11

Posted:

Sorry, I thought that I explained the progress made today but apparently I didn't. I was finally able to get the PM to send out a board member to inspect the house. The board member agreed that only a couple of surfaces need to be repainted. This will be much easier then painting the entire house. I wish I could have dealt with my fellow home owner's and elected members from the beginning rather then then the Power Hungry PM.

RogerB (Colorado)
Posts: 5,067

Posted:

Kevin, a few thoughts:
Calling the PM "Power Hungry" is a bad idea. The PM is only doing what they are hired to do.
The PM can not go onto your property without permission for a closer inspection. That is known as trespassing.
House paint in Colorado has an average life of about 7 years where exposed to sunlight. Your paint is now 9 years old.
Finally, I would have an assigned representative attend the meeting on your written behalf with a letter from you agreeing to paint all portions of the house which need it.

KevinP9 (Colorado)
Posts: 11

Posted:

Roger,

Wow it is so obvious that you are either on a board or work with a PM. There is a bigger lesson here for all of us, and that is that we should not allow people to assume authority they do not have. Look at the first reply to my post, which I assume was written by someone with a legal background. When terms in the CCR are vague, case law has sided with the homeowner. So, another words they can't assume authority that is not specifically given to them. Hum?....just like the constitution states the federal government can not assume power from the states not specifically given to them. From the beginning of this situation, the PM has taken an intimidating and demanding tone even though case law does not back them up.

I don't understand the logic in making a general statement that paint only last 5-7 years so any paint over that must be replaced. What if the Democratic Government of Colorado decided tomorrow that any vehicle over 80,000 miles leaks emissions, so if you have a car with 80K miles you need to spend 25K for a new car by a certain date or be fined.

That sounds absurd...right? How is this any different? The paint has a 15 year warranty, so isn't it possible that the paint could last that long? What basis do people have for saying paint only last 5-7 years. Are they chemist? What studies have they conducted? Have they performed a study with a methodological approach and published their results? The answer I bet is no, they haven't. So unless they know more then Sherwin Williams they should't make blanketed assumptions.

Roger, your whole argument about trespassing is ridiculous. So since the PM can not properly evaluate the paint due to trespassing law, they should just assume the worse? I am sure most homeowners would be agreeable to having the paint properly evaluated versus the PM demanding $2,400.00 paint job.

What get's me so worked up about this whole situation, is that the same thing is happening in this country with our government. If we don't start standing up for our rights and individual freedoms, pretty soon we won't have them anymore.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kevin,

I don't think Roger is being ridiculous.

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
Look at the first reply to my post, which I assume was written by someone with a legal background.

Often, violation notices are form letters.
Often, form letters are written by attorneys on behalf of their client who asked for a form letter.

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
When terms in the CCR are vague, case law has sided with the homeowner. So, another words they can't assume authority that is not specifically given to them.

Vague CC&Rs and assuming authority are different things.

Vague CC&Rs allows those in charge to interpret them and that interpretation will stand until challenged in court and a ruling is made OR the membership changes who is in charge so there is a different interpretation.

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
So, another words they can't assume authority that is not specifically given to them.

Ahh, so you have read the contract between the MC and the Association to see what authority was given to the MC?

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
I don't understand the logic in making a general statement that paint only last 5-7 years so any paint over that must be replaced.

I made a similar statement earlier on paint life. I also provided the basis for that statement.
I expect that over the years, paint life has been fairly well determined.
Warranties don't indicate life.
Most paint warranties only warrant against blistering & peeling (but only if the surfaces are properly prepared) and indicate that they will not wear down or weather to expose the previously painted surface. They do not warrant against fading.

Have you read your warranty for your paint?

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
What if the Democratic Government of Colorado decided tomorrow that any vehicle over 80,000 miles leaks emissions, so if you have a car with 80K miles you need to spend 25K for a new car by a certain date or be fined. That sounds absurd...right?

Well, I think the health care law is an indication that those type of laws would be upheld.

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
The paint has a 15 year warranty, so isn't it possible that the paint could last that long?

doubtful but possible (based on the paint warranties I've read.

Remember, the issue is fading not if the paint will last and protect (different things)

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger,
What basis do people have for saying paint only last 5-7 years. Are they chemist?

See previously cited articles earlier in the thread.

Quote:

Posted By KevinP9 on 10/23/2015 6:28 AM
Roger, your whole argument about trespassing is ridiculous.

No it's not. That is exactly what our attorney told us when a member complained about a committee member entering their property to look at things. They advised us to only do inspections from the common area (which in the front of the house is limited to the sidewalk).

PitA
Posts: 1,416

Posted:

All paint warranties are CONDITIONAL.

The conditions are (almost universally):

A clean and lightly sanded properly 'prepped' surface.

1 coat of recommended primer with adequate 'cure time'.

2 (yes, two) finish coats PROPERLY applied.

Certification of above by a licensed contractor.

The above conditions will almost never be fulfilled, rendering the warranty useless.

BobD4 (up north)
Posts: 1,002

Posted:

Kevin P9 (Col):

Quote:

. . . I painted the house myself in 2006, with 15 year warranty paint. The garage is faded and one side of the house facing south is faded. To me it would be much cheaper to simply paint those sections. The(re) is a "Hearings Violations" meeting coming up on Nov. 2nd where I could be fined $100.00 for not complying. . . . The house in my opinion looks fine with very little wear.

KevinP9 : Respectfully, HOA vexations may be best addressed by picking & choosing where & where not to dig in one's heels.

Maybe spot refinishing - depending on the factuals - would be a prudent response where there is seclusion without intervention by neighbours.

Respectfully, ask yourself if a 9 year old FULL exterior refinishing is really worth the hassle. If your building is tenant-occupied and far from where you live, is this really an overall scenario for you ?

And for the entire exterior, maybe total exterior re-finishing is premature. But how far away can that be, given that UV & product changes seem to have dramatically shortened product lifespans even in the last 6 years ?

I slavishy prepared & oil-stained certain exteriors of my home less than 5 years ago but just had to spot-refinish parts of the exterior at year 5. The spot refinishings do not look identical, and much of what was legal to sell in 2010 is no longer on the market. UV damage is hitting levels I never saw decades ago.

There is a credible argument to spend big bucks on exteriors that do not require short term refinishings - nor refinishings at all. Fortunately for me most of my own home's exterior is like that.

That said, however, several years ago a HOA disputant ( not here ) literally complied with HOA repainting orders by painting strips of various different colours from the list of HOA-approved finishes. Looked bizarre / triggered shrieking.

Should you test that by painting different colours starting on the faded or worn areas ? The wording of your CCRs would have to be loose enough to legalize such strips allowing 'conjunctive' rather than forcing a 'disjunctive' all one colour only.

Not a long term strategy. And what happens to your own asset's value if a visible neighbour tries to REALLY test the durability/lifespan of what was applied to that neighbour's house 15 or 20 years ago ? Good luck with your choice.

KevinP9 (Colorado)
Posts: 11

Posted:

Bob,

I am not going to paint my entire house because again the entire house does not need it. I am fully convinced that this forum is skewed with people who I think wake up in the morning asking themselves "how can we dump more money into our property today". Do you realize that if you paint your house every 5 -7 years you will potentially have 6 layers of paint on your house before it's paid off. I guarantee that a house with 6 layers of paint is going to look like S*** no matter who painted it.

I am also amazed that no one has taken a look at the photo I provided in the link. Anyone notice the huge maple tree and spruce tree in front that provides shade for a big portion of the front of the house? In back there is a huge cotton wood and a huge willow that also provide shade. The house is a two story with a walk out basement, so painting the front is easier and can be done by putting a ladder on the first story. The back however is 30 feet straight up with nowhere to put a ladder. The way I would "Spot" paint this would be to paint the entire section. Unless you are standing in a specific spot in between two trees you would never notice the slight color fad between the side and front of the house.

Anyone who has ever painted knows that "cutting in" is one of the most time consuming parts of painting. Since there will be no color change, it will be easy to cut in the paint. I can do this myself the next time I go out to Colorado.

My guess is that if there were specific language in the HOA about having to paint your house ever 5-7 years, then my HOA would NOT have agreed to the "touch up". They went from demanding in writing that the entire house must be repainted to allowing touch up. I stood up for my rights, and called them out on authority they didn't have. If this had gone to court, based on case law I probably would have won and they would have been reduced to a toothless tiger in regards to paint. This is something they didn't want to happen. They want to apply their interpretation on what is considered "unsightly" and not ever get challenged on it in court. I am sure after a judge saw a picture of my house (especially after touch up) he would have thought "what's unsightly, the house is beautiful"? The whole thing wold have gotten dismissed.

People want to live in HOA communities so that the neighbor doesn't paint their house bright pink or park a boat on their front lawn. Nobody wants to live in a community bound by strict HOA police that demand your house is repainted every 5-7 years no matter what. Put that in your CCR and see who wants to buy a home in that community. Most people still enjoy their individual freedom and I guess I fall into that category.

SheliaH (Indiana)
Posts: 6,964

Posted:

Well, people gave you their opinions and suggestions, but you seem to insist on going to court, so ok - go to court, make your case and then we'll see how the story ends. Not saying you're right and the others are wrong, or vice versa, but you asked for opinions and you got them - and now you seem to be upset because no one's taking your side.

Yes, you do have individual freedoms, but you also live in a HOA community where you agreed to comply with the rules when you brought the house. Sometimes there is a question about interpretation but the people you really need to have this conversation with is your board - we can give you opinions, but we don't live in your community. Personally, I'd check my documents to see if there was some sort of appeals process to CCR violation notices and use that before going to court (usually this takes a lot less time and is cheaper). You can bring up the point about the trees and then see what happens.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KevinP9 (Colorado)
Posts: 11

Posted:

Shelia,

I don't think you read the whole post. I am not going to court because the Board agreed to a partial paint of only the faded areas. I got what I wanted, why should I go to court? I have better things to do with my time and money.

The very first post actually did agree with me, and cited an actual case where the judge ruled in the home owners favor due to the fact that the terms in the CCR were vague. This info is what I used to push my PM, who eventually agreed to have a board member inspect the property again. That led to an agreement that the whole house does not need to be painted.

Have a nice day everyone.

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