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Window Shades Strange Restriction

Started by MichaelB32 • 15 replies • 1009 views

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MichaelB32 (California)
Posts: 141
Posted:
Our Board recently issued a new Architectural Guideline which requires that the owner to submit a request to the Architectural committee to get permission to install shades. The HOA included some examples of what they might accept. But they have this strange requirement that shade can only be used during daylight hours and must be rolled up during the evening. This is is a real inconvenience for a person who works nights. It also make no sense. Does anyone have an insight as to why a Board would implement such a restriction? Do any other HOA's have similar restrictions.
Michael Barto
[email protected]
KerryL1 (California)
Posts: 14,550
Posted:
Michael, we have reminded you MANY times not identify your HOA!! See the posting rules above --Again.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Kerry,

Michael identified who he is, also a violation of the rules, within his signature block. However, I do not see where the name of his HOA was mentioned (unless it was within the signature block and was removed).

Michael,

Although I don't see why having the shade up at night is a burden to those who work nights, have you contacted your board about the requirement to have them rolled up being a burden? Have you contacted the board about concerns of privacy by insisting shades are up during certain hours?

What was the Boards response if you did contact them?

If you haven't contacted them, why not?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 08/01/2018 11:33 AM
Michael, we have reminded you MANY times not identify your HOA!! See the posting rules above --Again.

AGAIN, where is the name of the HOA and did you research that domain name?
RichardP13 (California)
Posts: 3,868
Posted:
Are there window coverings in addition to the shades. I have to assume the shades are there to keep out heat, or maybe in your area keep out a glaring sun?
MichelleK5 (New York)
Posts: 161
Posted:
Shades/Blinds are not just used to reduce light or glare, they're used for privacy reasons as well.

I'm not sure you board can legally restrict how you use them provided they're inside your home.
KerryL1 (California)
Posts: 14,550
Posted:
You're all right; I got his name mixed up with his HOA (which he has named plenty of times in the past via his "newsletter."

We have window covering restrictions but in our urban setting, where I can see many windows of 3-4 high rises, it's obvious none have the rule the Board wants.

As a new rule, Michael, didn't the board send it out for the 30-day comment period required in CA? In such a notice to owners, we always write the reason for the change. If the board didn't follow this procedure, the rule
(Archi. change or not) isn't valid.
MichaelB32 (California)
Posts: 141
Posted:
Yes Kerry, I though you had a personal vendetta with me. I was trying to be good.

Anyway, the shade restriction is for outside shades. No, they never send a notice out to the members. Also, the Board President has proven in the pass that submitting anything, she will ignore at least from me - but that is another story. My problem is the last part of item a. What could possibly be the reason? Before out HOA did not even allow shades. Umbrellas were OK (but they blew down a lot (specifically from 3rd floor units)

This is the new Guidelines:

Q. Balcony Shade Options: Either (a or b) installation must have an ARC application that details the material, dimension, color and where and how attachment will be completed.

a. Lower Units (units that have a balcony cover) may install a roll- up shade that is attached to the beam of the balcony underside. The color maybe a brown or beige - only solid colors no patterns, The use of these shades is limited to daylight hours and must be retracted at dusk. (please see photo1)

b. Upper Units (units that have no balcony cover) may install a retractable shade in a Natural Linen color (no patterns) or a vinyl lattice cover in beige as long as the installation does not need posts that penetrate the balcony floor. If support is needed it can be obtained by using the balcony railing or side supports into the stucco. And should not block storage door. Any installation into the railing or the stucco must be installed for easy removal for repairs and sealed to prevent water damage. (please see photo2).

c. In cases of of either a or b - upon removal of said shading material all support points must be repaired and brought up to current wood and/or stucco standard.
Michael Barto
[email protected]
RichardP13 (California)
Posts: 3,868
Posted:
If I had been the one writing this rule, I would also have insisted that, being these are installed on the outside, that they be roll up once the sun goes down.

Just my opinion.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We have that rule in our HOA's CC&R's. We can only have White shades in the windows that face the road. It's not that unusual of a restriction. It's just an aesthetics thing. It can be changed by majority vote and written out if it's that big of a deal. Most of the time we ignored the white shades thing. However, if it was sheets or other things that were NOT shades (no matter color), then we would say something.
Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By MelissaP1 on 08/01/2018 3:36 PM
We have that rule in our HOA's CC&R's. We can only have White shades in the windows that face the road. It's not that unusual of a restriction. It's just an aesthetics thing. It can be changed by majority vote and written out if it's that big of a deal. Most of the time we ignored the white shades thing. However, if it was sheets or other things that were NOT shades (no matter color), then we would say something.

These are shades installed on the OUTSIDE on the unit.
KerryL1 (California)
Posts: 14,550
Posted:
It sounds they'd be on exclusive use common areas, so the Board can make rules or restrictions about them. But the board must adhere to CA CID rule change statutes. Look it up, Michael, at Davis Stirling.com.
JenniferG11 (Texas)
Posts: 667
Posted:
Quote:
Posted By MelissaP1 on 08/01/2018 3:36 PM
We have that rule in our HOA's CC&R's. We can only have White shades in the windows that face the road. It's not that unusual of a restriction. It's just an aesthetics thing. It can be changed by majority vote and written out if it's that big of a deal. Most of the time we ignored the white shades thing. However, if it was sheets or other things that were NOT shades (no matter color), then we would say something.

It has nothing to do with colors, which I agree is a very common rule. It has to do with rolling them up at night.
MichaelB32 (California)
Posts: 141
Posted:
My question is not on the color or anything else in regards to the rule to install shades on the outside. My concern is on the restriction that "The use of these shades is limited to daylight hours and must be retracted at dusk." Is there any sound reason that such a restrict can be imposed except "the board can do anything it wants"? It this enforceable? Doe it violate anything? Is the Board just creating its own nuance issue to its members? Make little sense to me.

Of course we have the HOA going around and checking members balconies to see if they are in violation of other rules (e.g. installing stuff on the stucco or wood). A shade could prevent them from seeing this. But then there is invasion of privacy issues. Our balconies are common area exclusive use. And this restriction does affect a person who works at night.
Michael Barto
[email protected]
PainintheA
Posts: 77
Posted:
There is NO NEED for exterior shades after the light they are meant to block is gone (dusk).

The requirement to roll them up prevents the balconies from being used as 'guest rooms' or other non compliant activity.

The requirement also provides some protection from wind damages as they must be attended, at least once a day before dusk.

WAY TO GO, BOD - GREAT RULE

KerryL1 (California)
Posts: 14,550
Posted:
Way to go, Pain. I couldn't think of anything--your remarks seem to make sense.

Michael, as exclusive use common areas, I don't think residents should expect privacy on them. Our storage lockers in the garage levels, for instance, have slats of wood surrounding them. This is so the contents can be seen as we obviously prohibit the storage of combustibles and explosives.

We have a lot of rules about what can be stored on our high rise balconies.. I can see that if they're closed to view, many items not permitted could be stored on them.

Still, Michael, why not ask?

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