Selling a home with a violation

Hi!

I received a letter in June 2018 from my HOA regarding painting the front porch metal roof of my home. I reached out to the President of the HOA via Facebook Messenger to inquire as to what paint color I should use - there was no guidance on this within the letter. After a handful of exchanges, he did not confirm the paint color.

I received a second letter, and decided to contact the management company directly (this was in July 2018). They requested that I send photos of the roof, so they may identify the color needed. I sent the images they requested. They confirmed that they would provide me with the approved colors and offered to put my violation on hold. Based on the images I sent, they weren't even sure if the roof needed painting and wanted a second review to ensure the letter wasn't sent in error. I agreed.

I received a third letter in August 2018. I immediately contacted the management company to confirm that this letter was sent as a result of the second review and to once again confirm what the approved colors are, as well as request an extension. I didn't receive a response to this email, and sent a follow up email a week letter requesting colors as well as an extension on the 15 days I was given to address the violation - since I didn't have the information I needed to get started.

I'm getting ready to list my home and am concerned that this violation will effect my ability to sell. I am very uncomfortable moving forward with painting the roof any color other than the approved color(s) - as I don't want to have to do it twice. I feel like I've firmly put onus on the HOA to get back with me and their inability to provide me with a simple approved color is quite concerning.

Can the HOA prevent me from selling my home when I have tried time and time again to get the information I need to address this violation? I would appreciate any guidance you may have concerning this scenario.

Thank you!

Hi RichardP13,

There is a portion of my roof that is metal. This is located at the covered front porch. There is an additional section above the second story windows. The rest of the roof is traditional asphalt shingle.

Hi, Anna. If you were thinking of selling at the time you received the first letter I think you would have been better off sending a letter via certified mail to your Board of Directors explaining the problem and requesting an expedited answer to your question regarding paint colors. The board is ultimately responsible, not the management company. "If I do not receive a response to this inquiry within 10 business days I will take that to mean that my choice of Forest Green for the paint color to be used on the roof of my porch is acceptable to the Board of Directors." Signed, sealed and delivered through certified mail.

I'm not sure that helps you now. If you had a paper trail demonstrating your willingness to cooperate and evidence of non-cooperation from the Board and management company you'd be much better off. I think FB Messenger and informal emails and phone calls between individuals, as opposed to the entire board, won't be as effective.

As others have pointed out, the HOA probably can't stop you from selling your home with an existing violation but you run the risk of a prospective buyer being scared off when they learn of the violation.

Not sure what is supposed to happen in Georgia, in California, open violations must be disclosed as part of the escrow process.

Hi all!

Thank you for taking the time to respond to my post!

I took the advice given and reached out to the HOA president (again!) to try and get some answers. Apparently, I'm allowed to choose whatever color I want as long as it gets his approval! I find this incredibly irritating for several reasons: 1) he never mentioned this during our first exchange back in April/May. 2) he confirmed that there was no list of approved colors. 3) I don't understand why the management company would agree to give me approved colors if they didn't exist - extending this project unnecessarily two months! 4) Since the HOA is requesting that i paint the roof, should they not have produced a list of approved colors within the same request? Why is it my responsibility to choose a color when I don't even want to paint it to begin with. The whole conversation with the HOA president last night made it sound like this was a typical paint change approval request from a homeowner.

I would love to get your opinions on this!

So begins the paint quote process....sigh.

Thanks again!

Reno's advice is spot on, though I would tell them you want to paint it hot pink with purple polka-dots.

To me it sounds as if the management company is just as feckless as the board of directors... Tell me, what does the other metal "awnings" or porch covers look like/ Use that as a rule of thumb.

I would add to the certified letter that if they cannot provide a color pallet to chose from that you consider the matter closed.

Anna, take Geno's advice. Talking with the prez means nothing; he is not " the Board."

Hi JohnC,

I care because I only want to paint once, and don't want any complications during the selling process. The management company led me to believe there there were approved colors in play. Since the roof is so faded and worn, it is impossible to say what he original color was.

Follow JohnC's advice and deal solely with the board as a whole in writing. NOT with the prez or with the PM, Anna.