Need interpretation of CCR rule

Hi. I live in Utah in a PUD that has 88 units. Sorry in advance if this is a bit long.

Currently our maintenance amendment to our CCR's has a portion about our garage doors, front doors, etc.

7.11.2.1. Maintenance and repair of garage doors, doors, door units and driveways shall be under the direction of the Board of Directors/Architectural Committee as determined by a maintenance management plan prepared by the Board of Directors/Architectural Committee. The expense of maintenance and repairs to garage doors, doors, door units and driveways shall be the responsibility of the owner, to be paid in a manner agreed by the Board of Directors/Architectural Committee and Owner.

The way it is written, how do you interpret this? I am reading it as I, as a homeowner, am responsible to get my doors painted and repaired when told to by the board that it needs to be done. I am confused by the 'manner agreed to by the board and the owner'. How do you understand that?

The reason why i ask is that our board sent all of us an email on April 1, stating that painting of the garage doors, front doors, etc. needed to be done. The email stated that every home would be painted by the HOA's contractor unless we opted out. If we opted out we had to get a contractor (no painting it on our own) that had to be approved by the board, and it had to be painted no later than April 15 (15 days to get someone hired, approved by a board that drags its feet and get the job done - even with the rains that we had at that time). Several people opted out. But the HOA board member managing this project ignored the "opt out" and still went ahead and painted everyone's house. Now we are each being charged anywhere from $385 -$485 for this paint job. (depending upon the size of the unit)

They are also pushing to amend the CCR's again and have all maintenance (like this) brought under the HOA's guidance, so that they schedule it, paint is and then assess the homeowner. This has not passed yet and is up for vote in July.

So my question is, are they in violation for the current maintenance agreement by forcing everyone to get their homes painted by the HOA contractor and not honoring the people who opted out? None of us got to negotiate the fee, we were just told to pay it (oh, and they are not telling us how long we have to pay it, one month, six months, who knows, they won't answer that question).

Do we have any negotiating room with this? The way I read the current maintenance amendment each homeowner has the right to get there doors painted, as they see fit and as long as the board approves. I don't believe that we should've been forced to use the hoa's contractor and that the HOA is in violation of this amendment.

I would love to hear your thoughts???

thanks,
stacey

First sentence - Board/AC gets to decide if association hires the contractor or owner hires the contractor.

Second sentence - Either way, expense is on the owner - Owner gets some input into how payment gets made. (Unclear what would happen if Board/AC and owner can't agree on payment terms)

1. Once Board created opt out option, they were bound by it. But stuff happens. IMO, your only option is to negotiate on how payment gets made. Looks like the answer to that question is up for grabs.

2. Don't think they need the amendment. Seems to me that they already have that authority.

3. You have no authority to violate the "maintenance management plan prepared by the Board/AC". If no plan, you have wiggle room. If plan exists, you must follow it.