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Exterior painting per CCR's

Started by KarenT • 7 replies • 1400 views

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KarenT (Washington)
Posts: 250
Posted:
Our HOA has identified four single-family homes that have never painted their exteriors in 18 years. We sent out a very nice notice stating that the Board respectfully requests each to consider repainting the exterior of their home. One of those homeowners has responded with a written notice from a handyman stating the home had been painted within the last 6 years and does not require painting. Several board members have lived in this subdivision since it was originally developed and know for a fact this home has never been repainted since it was built.
The CCR's state that "in the event that such notice is not satisfactorily performed within 45 days of receipt of the notice the board shall be entitled to perform or contract for the performance of all such necessary maintenance and the cost thereof shall be a special assessment against the law has provided herein"

Now keep in mind all you Board members out there who serve - we have at least one chronic problem homeownner - this is ours :-(

We believe we should respond quoting the CCR's. Thoughts or suggestions?
KarenT (Washington)
Posts: 250
Posted:
Sorry - just saw typo in the quote it should say "in the event that such maintenance......"
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By KarenT on 07/15/2016 8:33 AM
Our HOA has identified four single-family homes that have never painted their exteriors in 18 years. We sent out a very nice notice stating that the Board respectfully requests each to consider repainting the exterior of their home. One of those homeowners has responded with a written notice from a handyman stating the home had been painted within the last 6 years and does not require painting. Several board members have lived in this subdivision since it was originally developed and know for a fact this home has never been repainted since it was built.
The CCR's state that "in the event that such notice is not satisfactorily performed within 45 days of receipt of the notice the board shall be entitled to perform or contract for the performance of all such necessary maintenance and the cost thereof shall be a special assessment against the law has provided herein"

Now keep in mind all you Board members out there who serve - we have at least one chronic problem homeownner - this is ours :-(

We believe we should respond quoting the CCR's. Thoughts or suggestions?

Saying that the house was painted in the last 6 years says nothing.

Ask for a copy of the paid painting invoice. Ask for a copy of the bill from the paint store.
Sikubali jukumu. Read all posts at your own risk.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Karen,

If the paint on the house is in poor condition today what difference does it make if it was painted five years ago or even last week? Paint is one of those products where you usually get what you pay for. Buy cheap paint and it will not last.

I am curious, though, what was the criteria for receiving a notice? It sounds like the criteria was that no one on the board recalls the four houses having ever been painted, rather than some more objective standard.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Karen

Either a house is or is not in need of painting regardless of how long ago painted. Just be prepared to stick to your decision(s).
MelissaP1 (Alabama)
Posts: 13,836
Posted:
All paint jobs are NOT created equal. Nor is all the quality of paints. A 20 year paint does NOT equal 20 years of lasting. Your HOA may want to require a certain year rated paint or some other quality. Maybe must be Sherwin Williams paint and rated for 20 years etc...

There are also 3 ways of applying paint. Don't think a HOA needs to go into that kind of detail but it an make a difference. The 3 types: 1. Brush. 2. Roller. 3. Spray. Each comes with it's own quality level. Brush being the best and expensive. Spray being more economical and not always best quality. It depends on many factors/contractors. You can sometimes see the application process that was applied. Such as brush strokes, missing paint under the edges, or overspray.

Keep in mind the seasons. Paint can't be applied during winter or in hot summer months. This may effect the time line the owner has to complying. If it's 90 plus degrees for weeks, the paint will not do well. It will just look as bad within the year. So be aware of the weather conditions.

My ex-presidents was a con-man. His con involved painting houses. He tried to have the HOA write up homes in paint violations and then hire him to do the work. He told us that we could recover the money on the backside by filing a lien on the owner. Which we were allowed to do. However, he did a crappy job, raised the quotes, sprayed, and used substandard water down paints. The HOA loved him because he was the former president and could do no wrong....

So I know a few things about painting and HOA involvement. I find it's best to have the ACC/Board to set certain standards besides just colors. Make sure to send it all the members once adopted. Make sure it's known that the HOA can do the work for the owner and send the owner the bill. If the bill is NOT paid, then the HOA will lien for that amount. Plus have no feedback on what contractor you hire. We voted to allow vinyl siding in our HOA as well. Which helped in many of our maintenance issues by switching over. Good luck...
Former HOA President
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By LarryB13 on 07/15/2016 11:16 AM
Karen,

If the paint on the house is in poor condition today what difference does it make if it was painted five years ago or even last week? Paint is one of those products where you usually get what you pay for. Buy cheap paint and it will not last.

I am curious, though, what was the criteria for receiving a notice? It sounds like the criteria was that no one on the board recalls the four houses having ever been painted, rather than some more objective standard.


My thoughts exactly.

Criteria that a house has to be painted every X years makes no sense.
Criteria that a house needs to meet certain appearance standards may make sense.

If the house meets the standards and has not been painted EVER, does it matter?
If the house looks like crap and was painted a few months ago, does it matter?

What is the criteria? Are they violating the criteria?

btw, there is no way I would step foot onto an owner's property (or ask anyone else to do so) without the support of a court order.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By DaveD3 on 07/15/2016 7:22 PM
btw, there is no way I would step foot onto an owner's property (or ask anyone else to do so) without the support of a court order.

Very solid advice. There was a case in our area where a VP on the BOD was in the habit of looking into the windows of the Condos on the first floor. She was arrested and convicted of peering into an occupied dwelling, or something to that effect, as she would be 4 inches from the outside of the window. Her statement was that she sat on the Board, and she had the right to make sure that Members were abiding by the Docs. PWC Court saw it differently.

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