Driveway and Colors

Our ARC committee is currently involved with a new construction in the community. The owners have provided the plans and received all city wide approvals. The owners will initially given approval for everything but the driveway, sidewalk and garage to build until their colors and types were presented to the ARC. The owner has since been given approval for the garage door but not the driveway and sidewalk. Our restrictions only give the ARC control over aesthetics and a few specific guidelines like setbacks, fences, etc. Nothing is stated or implied about the driveway and sidewalk. The ARC has now requested the concrete be stained for their driveway and sidewalk because they believe the location will make it become a focal point dissimilar to the rest of the neighborhood. None of our homes in the community have a stained driveway and a few homes actually are similar style driveways as the owner wishes to build. I am on the board and we have a special meeting with all involved, but I am unsure if the ARC actually has the authority to make a single home in the neighborhood color their driveway and sidewalk. Does anyone have an opinion here by chance? The city requires a driveway and final permits can't be issued until one is poured. Currently one of their neighbors is pouring a driveway and they were not requested to have it stained.

Since you're on the Board, Kevin, in my (non-legal) opinion, the ARC has no authority over driveway color or material unless your ARC Guidelines or governing documents say so. If your docs are silent on this matter * (and your municipality is too), I'd go on record as opposed to the ARC's decision and overturn it.

Well, after our board meeting last night it seems that almost everyone believes that the ARC has authority to make any request and change regardless the covenants. Even stating that from a legal perspective the ARC does not have that right just by making an ambiguous general statement in the covenants. There is nothing this owner will be violating. The argument by the majority is that the new house is not at a 30' setback like the other homes but 20' even though the covenants and restrictions say 20' is acceptable. The other argument is the driveway isn't close to one side of the lot because the house was centered. Thus they believe it will be an "eye sore" if the owner doesn't stain and stamp his driveway. No matter what I said changed the majorities opinion. Hopefully the owner doesn't take legal action at this point. Amazing really.