forced re-paint after HOA approval.

In August of last year I was sent a notice that my house would need to be painted. Unfortunately I live in Colorado where the weather is too cold for much of the winter. The HOA had no problem with this and asked that we submit colors for approval and paint our house by the end of this summer. In early May, we submitted a color scheme it was approved and the we completed the painting on May 16. Our house is brighter then we anticipated but the scheme was approved. On June 1, we received a letter that we had not painted the house the color scheme we had suggested. With the help of the paint company, we were able to prove that we painted the house the color they approved. They sent us a letter that due to an error in the approval process, they were offering to repaint our house at their cost. My husband and I like the color and do not really want to deal with the hassle of repainting again. We feel that we were in the right. Even though they are stating that they will repaint the house at their cost, we don't really want to do it. However, we are afraid that if we don't they will take further action. Any advice about what we should do?

We had this happen in our HOA. The color was approved and the color did match our selected colors formula. The problem? It was really bright when applied. Did not seem to match the other homes. We had to reject it. Ended up 3 times rejecting colors from this owner until we got it right. Did not pay for it though.

The problem most likely was that the paint had not aged/faded with the sunlight/weathering. So the first year many times the paint is much brighter than the samples. Sometimes have to give it a year till it weathers down to see the "true" color.

Another issue is that the paint companies tend to rotate colors out ever 7 years or so. So what may have been "Cherry Blossom" 10 years ago is now discontinued color name/formula. They now call it "Cherry Rose". So unless you have the original formula numbers, your not really getting the original color. Something many HOA's don't realize. Even color matching with a sample doesn't quite get the original combo of colors.

I would take them up on their offer to paint the house. Why not? Just make sure the application and type of paint is appropriate. There is brush, roll, and spray when it comes to application. Plus not all paint is created equal. We typically require painting with a certain company like Sherwin Williams or use Behr paints. Otherwise, you could run into more issues later on that you will be on the line for.

....... so ask 'they' when 'they' will begin the work, YOU can sit back and relax

At their cost means??

a) that you pay them the cost it took to repaint.
b) That the Association picks up the tab and you pay nothing.

Thanks for all the feedback. I guess the answer is let them do it. My husband wants to fight it. I don't want to go to court and end up paying for that mess, and possibly the cost of repainting. I guess it simply is what it is. They are letting us reselect colors as they don't want to pay to prep the house for a lighter color and there dark scheme is discontinued color. Lots of people in our neighborhood have custom colors so that is fine.

If it was a fence, home addition, hot tub, or other "structural" permanent type item approved, then the HOA could not require it changed (even after one year if not approved and the HOA did not pursue legal avenues per CO State Law). However, paint is considered a "maintenance" item and if the HOA made a mistake and will themselves pay to correct their mistake then as others have stated I would let them have at it. If you wanted to fight it and because was approved you might win; however, because HOA is willing to PAY for repainting you also might loose. Because you would be possibly flipping a quarter in a Court battle IMO it would not be worth the risk.

Possibly one argument I would make if it was my HOA is if the HOA is going to PAY to repaint then HOA funds will be used and which I have already paid into the account. Therefore, I should not have to pay more money to again have my home repainted (after already out of pocket expense for their mistake). I would argue that the cost of the repainting should be divided by the number of members in the HOA and my portion be returned or used to reduce my next HOA assessment. If you are a small HOA that could be a nice reduction, but if you are large it may be small amount. If I chose to fight in court and a judge stated the HOA could repaint that would be my argument ... and there is possibility a judge would agree.