Need help re: violation of restrictions

JessicaP2 (Louisiana)
Posts: 8

Posted:

Hello. I am Jessica, and I am the Architectural Control Committee chair. My role is to approve/disapprove requests to changes of the exterior of the homes in our neighborhood. Our neighborhood contains 230 lots/houses all in an Acadian style (houses were built between 2002-now). We have brick, stucco, siding, and trim - in 3 or 4 separate colors.

We flooded in August 2016. Many changes took place to houses in our neighborhood. Our community management company sent out an email telling homeowners to submit any ACC requests that were failed to be submitted.

I received a request for exterior paint. All brick, stucco, and siding would be painted white and the trim would be a very light gray. Come to find out, this house had already been painted prior to the flood. I disapproved the request due to our restrictions stating that all homes' exteriors needed to stay with the look of the neighborhood. It is our only painted brick house in the neighborhood.

The homeowners sent a list of houses not located in our neighborhood with painted brick and sited the price per square footage and how it helps the home values of the neighborhood. They also brought up the flood and how they are just trying to get back in their home. (We also flooded, so I am empathetic to that situation). I emailed our CM ACC contact and asked if they had any neighborhoods that they managed that allowed painted brick in their restrictions so I could compare. They replied that they do not currently manage any neighborhoods with painted brick allowed.

What should be my next course of action? I believe fines should be assessed until they submit a request that would be approved. Anyone else have any insight? What can I bring to our board president who seems to want to give them leeway when we are fining people for painting their doors or trim without an ACC approval, but are letting this house sit in a pending status because it may be too hard or too costly for them to fix their brick? It doesn't seem right or fair to other homeowners.

The board wants me to email the homeowners or meet with them and I am at a loss besides approving or disapproving requests.

My thoughts: Email the homeowner and tell them to submit a new request to change the new colors, continue receiving fines, try to poll the residents for a change in restrictions...

I can't figure out how to resize the pictures for reference.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This has NOTHING to do with home values first off. A HOA purpose is NOT to keep home values. It is to ATTRACT potential home buyers to purchase by providing consistency, control, and general neatness. Home values are measured by actual numbers.

For them to prove that them painting or not painting their home effected their sales price? They have to sell the home and prove it made a difference. However, once they sold that home then they are no longer HOA members. People often get home values misunderstood. It is the price of the homes that sale/foreclose for in a general area in 6 months of similar size/rooms/baths.

Our HOA, if you violate the ACC rules we can go and correct it. We then send the owner the bill to pay. If they do not pay it, then we can lien for that amount. Each HOA is different and entrance to property is an issue. For our HOA we had the right and could enter. Other HOA's not so much.

I would tell them that home value argument holds no weight. The HOA rules do. You want to keep talking?

Former HOA President

JessicaP2 (Louisiana)
Posts: 8

Posted:

I do not believe our HOA restrictions allow us to make changes to a property. I know that we can cut grass and send them the bill, but that's about it.

The home value thing doesn't mean a thing to us because the properties that were listed were in neighborhoods with houses that are priced at 650k+ and we are at the 350k-450K price mark. She even sent me a home that was priced at 960k.

It's the fact that our restrictions state that no exterior changes shall be made without the approval of the board and it happened. What is my response to the homeowners and to our president who has them in a pending status instead of charging the fines set forth by our board?

JessicaP2 (Louisiana)
Posts: 8

Posted:

Photos.. before and after of said house

📎 Attachments (2):

⏸ Downloads temporarily unavailable

📄19491435871.pdf(185 KB)

📄19491460854.pdf(78 KB)

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By JessicaP2 on 09/04/2017 4:09 PM
Photos.. before and after of said house

Those are not the same house.

The house was painted, but the garage was not, and they've painted the garage? Is that what's happened?

JessicaP2 (Louisiana)
Posts: 8

Posted:

That's the same house. They painted the brick, stucco, trim, door, garage door, shutters, and siding. The door and shutters are one color (very light greenish gray) and everything else is white (including the brick).

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JessicaP2 on 09/04/2017 3:15 PM
Hello. I am Jessica, and I am the Architectural Control Committee chair. My role is to approve/disapprove requests to changes of the exterior of the homes in our neighborhood. Our neighborhood contains 230 lots/houses all in an Acadian style (houses were built between 2002-now). We have brick, stucco, siding, and trim - in 3 or 4 separate colors.

We flooded in August 2016. Many changes took place to houses in our neighborhood. Our community management company sent out an email telling homeowners to submit any ACC requests that were failed to be submitted.

I received a request for exterior paint. All brick, stucco, and siding would be painted white and the trim would be a very light gray. Come to find out, this house had already been painted prior to the flood. Did the owner have permission for how it was painted before the flood? I disapproved the request due to our restrictions stating that all homes' exteriors needed to stay with the look of the neighborhood. It is our only painted brick house in the neighborhood. Depends ... If they had prior permission then they should be able to rebuild as it was prior to the flood.

The homeowners sent a list of houses not located in our neighborhood with painted brick and sited the price per square footage and how it helps the home values of the neighborhood. They also brought up the flood and how they are just trying to get back in their home. (We also flooded, so I am empathetic to that situation). I emailed our CM ACC contact and asked if they had any neighborhoods that they managed that allowed painted brick in their restrictions so I could compare. They replied that they do not currently manage any neighborhoods with painted brick allowed.

What should be my next course of action? Look for proof of prior HOA approval or ask them to provide proof of any prior HOA approval for their paint job. I believe fines should be assessed until they submit a request that would be approved. Anyone else have any insight?Depends on the answer to my questions and what your discover. What can I bring to our board president who seems to want to give them leeway when we are fining people for painting their doors or trim without an ACC approval, but are letting this house sit in a pending status because it may be too hard or too costly for them to fix their brick? If they did not have any prior approvals, then they cannot be treated differently ... to do so could put the HOA in a position of legal liability.. It doesn't seem right or fair to other homeowners.

The board wants me to email the homeowners or meet with them and I am at a loss besides approving or disapproving requests. Again, ask them for proof of any past approval for their violation of your CCR's. When they cannot provide ... they need to become compliant.

My thoughts: Email the homeowner and tell them to submit a new request to change the new colors, continue receiving fines, try to poll the residents for a change in restrictions... Both are options ...

I can't figure out how to resize the pictures for reference.

As a side note .... I actually personally like the home in the photo with the painted brick. I personally would not be attracted to the home in the original picture ... painted??? I am also not a big fan of painting brick as it then becomes something that needs to be more maintained.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

The painted house looks better.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By MelissaP1 on 09/04/2017 3:35 PM
This has NOTHING to do with home values first off. A HOA purpose is NOT to keep home values. It is to ATTRACT potential home buyers to purchase by providing consistency, control, and general neatness. Home values are measured by actual numbers.

I looked at random sample of 4 HOA declarations in my county. Some quotes:

"The purpose of this DECLARATION is to provide various use and maintenance requirements and restrictions to protect the values of the property"

"In order to preserve the values of the Property and improvements thereto, the following provisions shall be applicable to the Property"

"This process is essential to create and preserve a community that is attractive, livable and to protect property values"

"Declarant has deemed it desirable, for the efficient preservation of the values and amenities in the Development, to create a homeowners' association"

Once again we see that many, many HOAs explicitly say in their declarations that the preservation of PROPERTY VALUES is one of the primary purposes for the existence of the association. One of the purposes of an HOA is to protect property values, and that is a true fact no matter how many times you try to deny it.

Q. True or False: One purpose of my HOA is to protect property values.
A. TRUE

JessicaP2 (Louisiana)
Posts: 8

Posted:

They did not submit any requests to paint their house, so they do not have approval before or after.

Doesn't matter if you like it painted or not. It does not fit the look of our neighborhood. We are in southern Louisiana which has a lot of Acadian style houses. The neighborhood does not have any painted brick except this house. We all have our brick color, stucco color, a different siding color, and a trim color.

Point blank - it's against the restrictions whether you think it's better or not.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By GenoS on 09/04/2017 9:02 PM

Q. True or False: One purpose of my HOA is to protect property values.
A. TRUE

FALSE

Granted, some governing documents specify that the function is to protect property values.
So many factors enter into determining what the property value is, that the Association likely has little impact on the actual value of the property.

The one thing an Association does do, but not as it's primary mission, is attract potential buyers by maintaining standards, common areas and common amenities.

I have never heard that someone wants to purchase within a development because of the Association. I have heard some say (heck, I've said it) that this area looks depressed - lets look elsewhere to buy.

Property values are based on sales of similar homes within the area, how dated the property happens to be and the number of homes on the market vs. the number of buyers. I have never seen an appraisal form include anything about the Association or condition of the house next door.

TimB4 (Tennessee)
Posts: 21,062

Posted:

If anyone is interested, here is a link to the Uniform Residential Appraisal Report from Fannie mae

LetA (Nevada)
Posts: 2,679

Posted:

Jessica, Is the color of the house one of the approved colors by the HOA? Personally I would let it go under the circumstances regarding the flood.

JessicaP2 (Louisiana)
Posts: 8

Posted:

No, this color is not approved by the HOA and neither is painted brick. Like I have mentioned, no other house in our neighborhood has painted brick. Our restrictions clearly state that no exterior work is to be done to a house without prior approval. This house had no approval before or after the flood. 90 homes flooded in our neighborhood (mine being one of them). If we allowed everyone to just do what they wanted after the flood, then all of our house values would go down if people started selling. It's been over 1 year since the flood happened, and our HOA gave everyone the 1 year mark to be back in good standing.

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By JessicaP2 on 09/04/2017 7:27 PM
That's the same house. They painted the brick, stucco, trim, door, garage door, shutters, and siding. The door and shutters are one color (very light greenish gray) and everything else is white (including the brick).

If those two files show the same house, did they get approval for all of the other changes? Quantity of windows is different, roof is re-structured, looks like an addition to the left of the front door behind the garage.

JessicaP2 (Louisiana)
Posts: 8

Posted:

You are correct, Dave. My husband sent me the wrong picture. The first pic is the house next door to the painted one. The second pic is the house in question that is painted. I am trying to resize a picture of the house before the painting of the brick. Sorry about that. I gave him one job! Lol

JessicaP2 (Louisiana)
Posts: 8

Posted:

If we let one house go with painted brick, how long before the next? If we deny a request for painted brick, we have set a precedent that we can not turn back from. One house can now change the whole look of a neighborhood? What about the duty to the other homeowners who bought in our Acadian style neighborhood?

CharlesP7 (Louisiana)
Posts: 15

Posted:

Here are the surrounding houses that show the French Acadian style of the subdivision. That way you can picture the stark white next to it's neighbors.

📎 Attachments (2):

⏸ Downloads temporarily unavailable

📄19573270571.pdf(85 KB)

📄19573273754.pdf(197 KB)

CharlesP7 (Louisiana)
Posts: 15

Posted:

And one more

📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄195111213271.pdf(69 KB)

CharlesP7 (Louisiana)
Posts: 15

Posted:

In addition here are the applicable excerpts from our C.O. & R's (Convenants, Obligations, and Restrictions).

https://drive.google.com/open?id=0B14lXhzBJTVtUk52bHNMdzBUOEU

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By JessicaP2 on 09/05/2017 6:02 AM
You are correct, Dave. My husband sent me the wrong picture. The first pic is the house next door to the painted one. The second pic is the house in question that is painted. I am trying to resize a picture of the house before the painting of the brick. Sorry about that. I gave him one job! Lol

Ahhhh... that explains it! LOL
I was going to say that maybe someone approved the painting with the other changes.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By JessicaP2 on 09/05/2017 6:04 AM
If we let one house go with painted brick, how long before the next? If we deny a request for painted brick, we have set a precedent that we can not turn back from. One house can now change the whole look of a neighborhood? What about the duty to the other homeowners who bought in our Acadian style neighborhood?

You have the guy dead to rights on the unapproved color and work, but unless your CC&R's specifically state no painted brick, you're SOL.
Go after him on the unapproved color.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By GenoS on 09/04/2017 9:02 PM

Posted By MelissaP1 on 09/04/2017 3:35 PM
This has NOTHING to do with home values first off. A HOA purpose is NOT to keep home values. It is to ATTRACT potential home buyers to purchase by providing consistency, control, and general neatness. Home values are measured by actual numbers.

I looked at random sample of 4 HOA declarations in my county. Some quotes:

"The purpose of this DECLARATION is to provide various use and maintenance requirements and restrictions to protect the values of the property"

"In order to preserve the values of the Property and improvements thereto, the following provisions shall be applicable to the Property"

"This process is essential to create and preserve a community that is attractive, livable and to protect property values"

"Declarant has deemed it desirable, for the efficient preservation of the values and amenities in the Development, to create a homeowners' association"

Once again we see that many, many HOAs explicitly say in their declarations that the preservation of PROPERTY VALUES is one of the primary purposes for the existence of the association. One of the purposes of an HOA is to protect property values, and that is a true fact no matter how many times you try to deny it.

Q. True or False: One purpose of my HOA is to protect property values.
A. TRUE

LOL! Several people have tried to explain that to Melissa, she just doesn't get it. That's a great try though!

DouglasM6 (Arizona)
Posts: 724

Posted:

Jessica, since the President appears to be spineless, I would ask the Board to vote on a variance for this homeowner. As a matter of fact, I would notify the homeowner and board at the same time that I was turning it over to the Board for an override and approval.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By TimB4 on 09/04/2017 9:43 PM

Posted By GenoS on 09/04/2017 9:02 PM

Q. True or False: One purpose of my HOA is to protect property values.
A. TRUE

FALSE

Granted, some governing documents specify that the function is to protect property values.
So many factors enter into determining what the property value is, that the Association likely has little impact on the actual value of the property.

The one thing an Association does do, but not as it's primary mission, is attract potential buyers by maintaining standards, common areas and common amenities.

I have never heard that someone wants to purchase within a development because of the Association. I have heard some say (heck, I've said it) that this area looks depressed - lets look elsewhere to buy.

Property values are based on sales of similar homes within the area, how dated the property happens to be and the number of homes on the market vs. the number of buyers. I have never seen an appraisal form include anything about the Association or condition of the house next door.

Wrong. My appraisal did mention the condition of the immediate neighborhood. Everything you are saying looks correct only on paper. The more people attracted to a property directly effects what the property will sell for. You list it high and gradually come down till it sells. The association, when ran correctly, creates an attractive neighborhood and therefore the probability of receiving a high bid is much higher.

That's not to say you MUST have an association to keep a neighborhood nice looking, it just ensures it. During the housing slump in 2010-2013 we saw numerous neighborhoods in this area turn from very nice 300K+ homes, where the yards were beautifully landscaped, and everyone was quiet and respectful to others, into yards with busted vehicles, loud parties that last into the mornings, gunfire and illegal fireworks at all hours of the night. Not having an association ruined it for the people that had purchased in the "higher end" neighborhood because now their homes will not sell for what they paid.

Having a junk yard, or a pet mill, or a messy party house next door WILL lower your values.

CharlesP7 (Louisiana)
Posts: 15

Posted:

Thank you all for your insight. This is my second year serving on our board and my wife's (Jessica's) first time being involved in ACC and she is the chair of that committee. I wanted to clear a few things up so maybe we can get a better clarification on directions to take.

- Ignore the flood as that really has no effect here, house was painted before the flood but all members of the board flooded so they focused on their own homes rather than tackling these big issues.

Covenants state:
(2.1) Purpose. The purpose is the creation of a high quality residential community having a uniform plan of development and the preservation of property values and amenities in the community. The Property is hereby subject to the obligations, covenants, restrictions, servitudes, liens, and charges herein set forth, including without limitation the assessment and penalty provisions, to insure the best use and more appropriate development and improvement of each lot: to protect the Owners of Lots against improper use of surrounding Lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of the Property; to prohibit the erection of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of the Property; to encourage and secure the proper location and erection of attractive homes on Lots; to prevent haphazard and inharmonious improvements on Lots; to secure and maintain building setback lines; and in general to provide adequately for quality improvements of the Property and thereby enhance the values of investments made by the Developer and purchasers of Lots.

(3.11) Approval of Plans by ACC. Prior to commencement of any work on a lot, including any grading or clearing thereof (other than weed or trash removal), the Owner thereof shall have received approval of all plans in accordance with Section 3 of these restrictions.

(3.28) Exterior Material/Colors. The exterior of the home and accessory buildings shall be constructed of stucco, synthetic stucco, brick or siding approved by the Committee. Fake stone and lava rock are expressly prohibited. All siding must be wood or synthetic single lap board lap siding subject to the approval of the Committee. Siding should be used to accent the architectural style rather than used for major walls. Siding shall not be used on more than 30% of the exterior walls, without prior written approval of the Committee. Exterior color samples, including siding, trim, brick, roof material, and colors should be submitted simultaneously to the Committee with final plans or at least, prior to black-in. If any color selections or materials are installed prior to approval, the Construction Deposit shall be automatically forfeited to the holder thereof. Installation of non-approved colors/materials may result in mandatory removal and replacement. All brick used must be approved by the Committee, No black grout is allowed. Any changes in exterior colors or materials must be approved by the Committee, as must all changes to plans. The Committee recommends the use of subdued colors. No bright or "strong" colors will be accepted. Colors will be examined not only in relation to one another on the subject home, but in relation to other homes within the line of sight.

- Per covenants, when the house was initially constructed, all materials were submitted to the committee for approval.
- Per covenants, any changes to exterior have to have approval from committee first.
- Per covenants, an amendment by owners (7.4) requires two-fourths (2/3) vote of the voting power of the Association (230 lots).
- Per covenants, enforcement (7.6) Failure of any person or entity to enforce any provision of these Restrictions shall, in no event, be deemed to be a waiver of the right to do so thereafter against such violating Owner or any other Owner which may participate in a similar violation at a future date.

Our current Board expresses they don't want to be responsible for the owner to pay $20K or more in fixing this. I stated that if we (Board) don't take action, we open ourselves up for possible litigation/suit from lot owners that do not agree with the current modification and expect the restrictions to be enforced. My only resolve was to mail a letter to all lot owners with multiple possible amendments to section 3.28. That way we can gauge what the Association as a whole supports. Then the Board should take that direction for resolution of this one lot.

If we do that, should we continue to apply the violation fees while resolution is still being sought out? If initial notice of violation without applying fees sufficient? If we approve the house as is, are we not opening the board up for litigation/suit for not enforcing the restrictions? The house may not look bad when looking only at it but when you look at the whole street and surrounding neighborhood it stands out as if it is built to the cheapest level possible. You can not determine what materials are used on the house unless you are standing on the property.

DouglasM6 (Arizona)
Posts: 724

Posted:

I'm sure I'm missing it, so I'll wait for others to chime in as well.

Where does it say they can't paint the brick?

CharlesP7 (Louisiana)
Posts: 15

Posted:

It doesn't say specifically that you may not paint brick. Instead it states you must obtain approval BEFORE any changes are made to the previously approved exterior materials/colors. Align that with maintaining the natural beauty of the architectural style of French Acadian homes and unify the neighborhood how can you allow a stand out?

DouglasM6 (Arizona)
Posts: 724

Posted:

I always ask myself will it stand up in court. If the color they used is an approved color, then I don't think it'll hold up. But I may be wrong.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DouglasM6 on 09/06/2017 2:24 PM
I always ask myself will it stand up in court. If the color they used is an approved color, then I don't think it'll hold up. But I may be wrong.

Yea ... I always ask myself that question too. The problem I have is the timeframe is potentially past the one year when damage was done and no oversight of everyone's rebuilds.

The HOA should be OK if they let it go due to the flood and everyone working to rebuild as the CCR's per OP state:

- Per covenants, enforcement (7.6) Failure of any person or entity to enforce any provision of these Restrictions shall, in no event, be deemed to be a waiver of the right to do so thereafter against such violating Owner or any other Owner which may participate in a similar violation at a future date.

I would definately put a letter in the file that this was done in violation of the CCR's and without approval due to the flood circumstance and the many homes damaged. Also, any future "painting" of the brick will NOT be allowed. If the paint needs to be replaced on the brick in the future, it must instead be removed and the property brought into compliance. This way also if the owner sells the HOA can disclose that in future no painting of the brick. That way the Owner does not have to spend $$$ to repaint now, but will need to spend $$$ in future to remove when needed. That could maybe satisfy the board, the homeowner, and other members. Just an idea ...

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By JanetB2 on 09/06/2017 3:37 PM

Posted By DouglasM6 on 09/06/2017 2:24 PM
I always ask myself will it stand up in court. If the color they used is an approved color, then I don't think it'll hold up. But I may be wrong.

Yea ... I always ask myself that question too. The problem I have is the timeframe is potentially past the one year when damage was done and no oversight of everyone's rebuilds.

The HOA should be OK if they let it go due to the flood and everyone working to rebuild as the CCR's per OP state:

- Per covenants, enforcement (7.6) Failure of any person or entity to enforce any provision of these Restrictions shall, in no event, be deemed to be a waiver of the right to do so thereafter against such violating Owner or any other Owner which may participate in a similar violation at a future date.

I would definately put a letter in the file that this was done in violation of the CCR's and without approval due to the flood circumstance and the many homes damaged. Also, any future "painting" of the brick will NOT be allowed. If the paint needs to be replaced on the brick in the future, it must instead be removed and the property brought into compliance. This way also if the owner sells the HOA can disclose that in future no painting of the brick. That way the Owner does not have to spend $$$ to repaint now, but will need to spend $$$ in future to remove when needed. That could maybe satisfy the board, the homeowner, and other members. Just an idea ...

It was painted PRIOR to the flooding. That there was any flood that did anything is entirely irrelevant to this situation.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DaveD3 on 09/07/2017 6:51 PM

Posted By JanetB2 on 09/06/2017 3:37 PM

Posted By DouglasM6 on 09/06/2017 2:24 PM
I always ask myself will it stand up in court. If the color they used is an approved color, then I don't think it'll hold up. But I may be wrong.

Yea ... I always ask myself that question too. The problem I have is the timeframe is potentially past the one year when damage was done and no oversight of everyone's rebuilds.

The HOA should be OK if they let it go due to the flood and everyone working to rebuild as the CCR's per OP state:

- Per covenants, enforcement (7.6) Failure of any person or entity to enforce any provision of these Restrictions shall, in no event, be deemed to be a waiver of the right to do so thereafter against such violating Owner or any other Owner which may participate in a similar violation at a future date.

I would definately put a letter in the file that this was done in violation of the CCR's and without approval due to the flood circumstance and the many homes damaged. Also, any future "painting" of the brick will NOT be allowed. If the paint needs to be replaced on the brick in the future, it must instead be removed and the property brought into compliance. This way also if the owner sells the HOA can disclose that in future no painting of the brick. That way the Owner does not have to spend $$$ to repaint now, but will need to spend $$$ in future to remove when needed. That could maybe satisfy the board, the homeowner, and other members. Just an idea ...

It was painted PRIOR to the flooding. That there was any flood that did anything is entirely irrelevant to this situation.

Which would make it a lot longer than one year for being painted. The OP needs to check with regards any Statute of Limitation laws. If you go after anyone you need to make darn sure if you have the right after a certain amount of time has passed. If I end up in a lawsuit I like to have a very high estimated probability of winning. With the cost involved I do not like pretty much flipping a quarter. Potentially I would let it stand and send a letter that in the future the home must be brought into compliance when the painted brick needs future maintenance. Also, that this will be disclosed by the HOA to any future purchaser of the property. If other neighbors have not complained in the past years ... they potentially have no issue. If someone complains the Board just needs to explain we goofed up and in future the paint will be removed.

However, if they are asking to "repaint" the brick NOW ... I would deny and state they need to remove the paint from the brick. It is not quite clear exactly what is going on in this scenario.

CharlesP7 (Louisiana)
Posts: 15

Posted:

We have not found a statue of limitations in regards to improper or unapproved changes made to property in Louisiana. Also to make matters worse, our property management company may or may not have received complaints regarding the property. They only talk with a specific board liason and that individual is hoping to get this change to the lot "approved" so they too can paint their brick.

The suggestion of putting a letter on file sounds plausable with some modifications, do you (or anyone) have an example letter us by chance?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CharlesP7 on 09/08/2017 6:25 AM
We have not found a statue of limitations in regards to improper or unapproved changes made to property in Louisiana. Also to make matters worse, our property management company may or may not have received complaints regarding the property. They only talk with a specific board liason and that individual is hoping to get this change to the lot "approved" so they too can paint their brick.

The suggestion of putting a letter on file sounds plausable with some modifications, do you (or anyone) have an example letter us by chance?

You will not find anything under improper or unapproved changes. It will be found under your Civil Codes as to how long you can wait to file a lawsuit. I did find this website. However, as they note laws are always changing and what they have here might be different:

http://statelaws.findlaw.com/louisiana-law/louisiana-civil-statute-of-limitations-laws.html

JanetB2 (Colorado)
Posts: 4,219

Posted:

In many states it is generally 1 to 3 years. For example in my State of Colorado if someone built a shed or fence which violates the CCR's the HOA must address and file a lawsuit within one year. If they do not address and file suit if needed, then they cannot go after the homeowner. That is why some of us who posted have stated we do not believe you may win in a Court battle. That is why I suggested making them remove the paint when the brick next needs any maintenance.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Charles ... this is what I found under your HOA statutes regarding collection, of fees, dues, etc.

https://legis.la.gov/Legis/Laws_Toc.aspx?folder=75&level=Parent

§1146. Privilege; sworn detailed statement; filing
The sworn detailed statement shall contain the nature and amount of the unpaid charges, expenses, or dues, a description of the lot or lots on which behalf the charges, expenses, or dues have been assessed, shall be signed and verified by an officer or agent of the association, and shall be filed for registry in the mortgage records in the parish in which the residential subdivision is located. The association shall, commensurate with the filing for registry of the privilege, serve upon the delinquent owner a sworn detailed statement of the claim by certified mail, registered mail or personal delivery.
Added by Acts 1979, No. 583, §1.

§1147. Privilege; five year period
A recorded sworn statement shall preserve the privilege against the lot or lots and improvements thereon for a period of five years after the date of recordation. The effect of recordation shall cease and the privilege preserved by this recordation shall perempt unless a suit to enforce the privilege is filed within five years after the date of its recordation and a notice of the filing of such suit is filed in the mortgage records of the parish in which the subdivision is located.
Added by Acts 1979, No. 583, §1.

CharlesP7 (Louisiana)
Posts: 15

Posted:

Janet, thank you. We are aware of those rules as they pertain to filing a lien on the property. With Louisiana not following Tort law like the other 49 states we are a unique beast.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Charles

It looks like a double edged sword. On one hand they did not ask for approval to paint the house. On the other hand you do not specifically say brick work cannot be painted.

The question is how tough does your BOD want to be. It appears you consider it a violation and want to go after it. It appears your BOD does not want to go after it. When push comes to shove the BOD rules so either replace the BOD with one that sees it your way or personally go to court against the house owner. Fish or cut bait time.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CharlesP7 on 09/09/2017 8:10 AM
Janet, thank you. We are aware of those rules as they pertain to filing a lien on the property. With Louisiana not following Tort law like the other 49 states we are a unique beast.

Yep not fun. That is why I like states who implement all or part of UCIOA (Uniform Common Interest Act) for their HOA's. While it is not perfect (nothing is perfect) it does do a good job of protecting equally owners, mortgage lenders, and developers.