Paint color puzzle!

Scenario/history:

1. Homeowner put a request to paint their own back in December 06. On the request, it has just the name of the paint and the brand name. Majority of the board approved via e-mail minutes after receiving.
2. First week of January 2007, home was painted green.
3. 32 days later after the job completed, board sent the homeowner a notice wanting to meet with them because they do not agree with the color (no date, time location, phone number or e-mail address provided by the PM).
4. A few weeks later, that homeowner received an e-mail the board meeting was cancelled.
5. On April 10th, the board did research and determined the color submitted is not valid. Lawyers were involved
6. Next board meeting was in March and April, 25 miles away from the community at the lawyers meeting in the mid of day, impossible for the homeowner to attend and try to resolve.
7. The entire board resigned at the beginning of May, leaving this case scheduled for mediation with no board to represent.
8. At the end of May, special meeting new board appointed
9. The homeowner being sued by the community, with the green house is on the board. I too became a member of the board, a sibling to the owner of the green house (we both own our home in the same community).

The dilemma that I’m in is I 100% feel that the previous board and the homeowner (my sibling) share the error 50/50. But, the mediation is scheduled at the end of May. The association has already paid $1500 for lawyers, looking at another $1000 for the mediation (we can’t afford).

If I voted to have the whole ordeal dropped, I would have to answer to the few homeowners who are upset with the color (I need everyone’s participation to make way in our community that has taken a huge drop in ‘caring for our community’ over the last year). Not to mention, I would be accused for favortism on her behalf.

If I vote to continue to mediation, I feel the homeowner has complete right to come back with harassment and continue a legal battle, which would cost more $$ that the association does not have.

What do I do? Drop the color and hope the community can live with the color or pursue the case the mediation even though this is something I feel will bite up big time in the end?

By the way, there was no paint palette provided by the association nor does our CC&R’s refer to any type of paint color. Just that if the Architectural committee fails to approve or disapprove a design within 30 days of completion, the application shall be deemed approved.

Tara - I should think both you and your sister on the board have a conflict of interest on this situation. I'm not sure why you are even wondering about voting either/or. Just abstain.
Without a chart of approved colors, how can your board go after the fact and disapprove a color? Very strange arrangement. Harold

Spot on, Harold. We had a similar situation like this come up and we found that Conflict of Interest if spelled out very clearly in the Articles of Incorporation. The Conflict of interest was defined as when the "Board member was pecuniarily or otherwise interested".

Tara, then that is the way it has to be. If I were a homeowner, regardless of how you and the homeowner (your sister) voted, I would challenge.

The only thing you can do is abstain.

If it has to go to court, then it has to go to court, but at least that would mean a resolution that would not affect the board's ability to enforce similar conflicts.

Perhaps a mediation step could be tried first. You could contract with a professional mediation and agree to the outcome, thereby keeping all calls of conflict of interest out of it.

I have heard of such situations in the past and it was due ENTIRELY to the fact taht the HOA Board DID NOT give proper instructions.. The BEST way to have settled this was to HAVE sent(in the past tense) the owner a letter agreeing but the paint color formula and the place where to purchase it... to ensure that uniformity in color schemes are followed. It is IN THE PAST now and I think (feel) that the HOA board, etc etc will just have to live with the bad decision(or indecision) that was made.

You can't tell much from a swatch, but it's a safe bet that when the HOA will list the Manufacturer, the grade of paint, color, and the formula numbers, then you're probably going to get the right result.

Tara

"By the way, there was no paint palette provided by the association nor does our CC&R’s refer to any type of paint color. Just that if the Architectural committee fails to approve or disapprove a design within 30 days of completion, the application shall be deemed approved."

The color is not restricted per the CC&R. The homeowner received approval prior to painting. The homeowmer used a reasonable substitution for the color submitted. The correct color is now on file. There is no law suit.

Good luck.
Tracy

Hi Mike,

Check out Tara's original post:
"1. Homeowner put a request to paint their own back in December 06. On the request, it has just the name of the paint and the brand name. Majority of the board approved via e-mail minutes after receiving."

The request was approved. T

Out of curiosity, did you have an ARC committee at the time of the approval? i.e. Why was a board acting on an ARC request in the first place? Do you have a resolution detailing the process of getting approval?

What would it cost to repaint the house the correct color? Since the board is looking at another $1000 to proceed and you feel the fault is 50/50, why not propose the HOA put up $500 or some other amount to share the cost and responsibility with the owner?
The house gets painted correctly, it doesn't cost as much as continuing with an unknown outcome, and more money doesn't go to lawyers.