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Approved Colors by Board

Started by ErinA1 • 14 replies • 1193 views

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ErinA1 (Illinois)
Posts: 43
Posted:
Hi! I am looking for a super quick answer here, about 3 years ago the first board "agreed" on a muted color pallete that would allow homeowners to paint fences, shutters and decks - this was never actually voted on in an open meeting, recorded in minutes or communicated to any residents and now 3 years later a resident painted their fence blue (not an "approved" color) and everyone is complaining. Is it correct for me to say to the current board their color pallete doesn't actually exist because they didn't follow protocol and inform residents of these restrictions? I am the new president and we have to decide how to proceed.
JanetB2 (Colorado)
Posts: 4,219
Posted:
I would be willing to bet your CCR's dictate that Owner's MUST receive ACC or Board approval BEFORE painting exterior surfaces. Your CCR's also most likely state some type of color palette such as "earth tone colors", or other color palette in the original CCR's. Therefore, did the owner obtain proper approval? If NO ... the Board needs to determine if the color violates any provision of the CCR's. If YES ... the Board needs to address the violation.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Keep in mind if the owner had requested proper approval ... they then could have chosen from the list of "approved" colors which would have been provided to the owner.
DouglasM6 (Arizona)
Posts: 724
Posted:
Are there restrictions dealing with this in the covenants? Or is this just a rule the BOD made three years ago?
ErinA1 (Illinois)
Posts: 43
Posted:
The resident never asked for our approval so yes they will be fined but the question I have is do residents need to be given written notice of approved colors if the board agrees to pick them? We have nothing in our Declarations regarding specific colors and we don't have any rules/regulations in place.

ErinA1 (Illinois)
Posts: 43
Posted:
Nothing was ever approved in an open meeting or given to residents and there is nothing in our declarations.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By ErinA1 on 08/28/2017 12:38 PM
The resident never asked for our approval so yes they will be fined but the question I have is do residents need to be given written notice of approved colors if the board agrees to pick them? We have nothing in our Declarations regarding specific colors and we don't have any rules/regulations in place.


What do you mean by "nothing in our Declaration regarding specific colors"? Keep in mind colors do not have to be specific it could state "muted earth tones" and if someone painted "bright purple" that would not be a muted earth tone.
JanetB2 (Colorado)
Posts: 4,219
Posted:
You are not giving us enough information. You potentially need to paste the paragraph from your CCR's discussing exterior paint and/or colors.
GenoS (Florida)
Posts: 4,276
Posted:
I think all owners should have received some sort of official communication with regard to any approved list of acceptable colors. The time to nip this in the bud was during the ACC application process. If the owner didn't follow that process then they're out of luck regardless of any color controversy. A fine for not following the process is wonderful, but if necessary they could/should also be obligated to re-paint.
SueW6 (Michigan)
Posts: 814
Posted:
Follow the paper trail. There should be minutes of the meeting where they passed this rule, guideline, or whatever they are claiming it to be.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
We posted our approved colors at the front entrance along with materials. We allowed Masonite or vinyl siding. People still had to get their paint approved prior to doing any painting. That is part of the rules. Whether or not they decided to read the rules.

With us we do not fine. Instead we tell them to repaint or we will do it for them. If we do it, then it will be by our contractor and our choice. In addition if they do not pay our bill for that, then we lien them for that amount. We are able to enter the property as it is considered "common" for how our HOA is set up.

It's ask permission in a HOA NOT forgiveness.
Former HOA President
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ErinA1 on 08/28/2017 12:38 PM
The resident never asked for our approval so yes they will be fined but the question I have is do residents need to be given written notice of approved colors if the board agrees to pick them? We have nothing in our Declarations regarding specific colors and we don't have any rules/regulations in place.

The courts want to see HOAs follow their governing documents. Any rule a Board creates must be consistent with the Declaration; must be publicized; and must be "noticed" to owners. I believe the amount of time that is typically considered sufficient notice for a "rule" is 30 days.

I am betting your HOA's Declaration at least states that alterations must receive approval from either an architectural control committee or the board and be 'aesthetically pleasing.' Is the paint job aesthetically pleasing? If not, then the HOA is on firmer ground than otherwise.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Erin

Is permission required to paint a fence? Did the owner ask for such?
ErinA1 (Illinois)
Posts: 43
Posted:
Permission is required to paint the fence, they didn't ask and they painted it blue which has caused an uproar in the community. Our declarations clearly state any exterior alteration or addition must be approved by the board so that part I understand and yes the resident was informed he needed board approval first and has agreed to try and power wash it off which lucky for us is grand - the issue I have is the previous board decided some colors were acceptable if residents wanted to paint their fences, shutters or decks but no one can find these colors now and residents were never informed there are certain colors that can only be used...Do these colors need to go in writing to all residents to be valid is my question? Or can this blue guy fight the board and win since it's not specifed?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JanetB2 on 08/28/2017 2:09 PM
You are not giving us enough information. You potentially need to paste the paragraph from your CCR's discussing exterior paint and/or colors.


You still have not supplied info to answer question.

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