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JohnL35 (Florida)
Posts: 3
Posted:
Hello all-
I live in a Florida HOA that in my opinion has been less than maintained appropriately. I’m planning on attending the next meeting with the suggestion that the BOD entertain the idea of voting on a bylaws change to mandate residences be repaint the exterior every XX years - to the HOA color scheme choice profile. Many of the homes in the neighborhood are 15 or more years old and have never been repainted since they were constructed. The bylaws don’t say anything about a mandated re-painting schedule. Has anyone approached their board with this idea?

Thanks
John
KerryL1 (California)
Posts: 14,550
Posted:
Is it really your bylaws where you want this change?? That seems to me to be unusual. Have you reviewed your other governing documents?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Bad Idea. Not all paint or conditions are equal. It should be based on Condition not a time-line. A 20 year paint does NOT mean 20 years before you paint again. I live in Alabama. We get lots of sun and humidity. Paint doesn't last but about 7 - 10 years.

We have our paint selections dictated by an approved colors, paint type, and sheen. We preferred Sherwin Williams or Behr. Not all paints are made equally. So limiting certain factors or sheens help make the paint last longer. A cheaper type paint is more watered down and can cause quick fading.

So I would not institute a time schedule as much as a conditions list of what considered paint failure.

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
Hi, John. Does your HOA maintain reserves? They're not required in Florida HOAs but if your association does have them then they must be funded. How many homes? We have 100 homes and our reserves are planned and funded such that re-painting is done every 8 years. We last painted in 2013 and they're just now starting to look a little shabby (CBS construction). In 2021 we'll paint again. I can't imagine what homes with a 15-year-old paint job look like.

If the association isn't responsible for painting then it's no unusual to compel an owner to paint his or her home at their own expense. What do your governing documents say about the responsibility to paint? And how old is the development and how many homes are there?
JohnL35 (Florida)
Posts: 3
Posted:
Quote:
Posted By GenoS on 11/26/2018 8:18 PM
Hi, John. Does your HOA maintain reserves? They're not required in Florida HOAs but if your association does have them then they must be funded. How many homes? We have 100 homes and our reserves are planned and funded such that re-painting is done every 8 years. We last painted in 2013 and they're just now starting to look a little shabby (CBS construction). In 2021 we'll paint again. I can't imagine what homes with a 15-year-old paint job look like.

If the association isn't responsible for painting then it's no unusual to compel an owner to paint his or her home at their own expense. What do your governing documents say about the responsibility to paint? And how old is the development and how many homes are there?

Hi Geno- the home owners are responsible for painting not the HOA. The governing docs aren’t very specific, just that it’s the owners responsibility to maintain the paint - which MANY have not.

The development is about 18 ish years old with 600+ homes. It was a fine neighborhood years ago, but lax oversight has caused it to degraded over the years.
LetA (Nevada)
Posts: 2,679
Posted:
That is what a properly executed reserve study is for. Earlier this year my HOA put a paragraph in the quarterly news letter a reminder for homeowners that have decorative shutters to check the paint and repaint if needed. I would guess that paint on a home should last 10 to 20 years depending on the climate and surface of the home.
MarkM19 (Texas)
Posts: 1,459
Posted:
John L,
With 600+ single family homes you have 600 different situations.

Different construction types age differently. In our neighborhood one of the builders chose 3 paint colors that faded extremely fast on the original paint form the builder. Within a few years they looked horrible. We had other homes that had Stucco and that paint lasted 10 years without showing need for paint. That being said the trim on the Stucco homes needed attention. What all this means is putting something in the By-Laws is not only hard but nearly impossible to get done and would not serve the purpose.

On a separate note the homeowners need time once being noticed by the HOA. Paining a home can cost anywhere from 3 to 6k and it is doubtful that most people have budgeted for that expense. We tried to have our ARC person drive around and estimate when people should get the painting done into 3 groups.

1) Needs immediate attention within the next 3 months.

2) Will need attention in the next 6 months.

3) Early warning that you will need paint in the next year.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
LetA,

In this case the upkeep is the responsibility of the owners ... so, a reserve study would not apply, right?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
JohnL,

I think your Board is going to need to set up better oversight mechanisms and start planning to increase the pressure on owners to provide suitable and appropriate levels of maintenance, including painting.

You have a management company, right? They should be tasked to provide the necessary review process and neutral judgment of required maintenance. This keeps a lot of politics out of the process.

It sounds like this is the first cycle of real maintenance for the neighborhood ...plan on this being REALLY difficult, likely including a couple of lawsuits - but, if your CCRs support this level of involvement, you should be ok. Bylaws will likely not have the material you are seeking - they may support the CCR mandated process, though.
ND (PA)
Posts: 792
Posted:
Repainting should be based on the condition of the existing paint, not a predetermined amount of time.

Many things effect how long a paint job will stay looking good: primer/paint quality, proper surface preparation, application method/quality, environmental conditions, etc.

You need to develop a specification/criteria/standard for what indicates acceptable vs. unacceptable paint appearance, appropriately incorporate it in your governing documents, then enforce adherence to that standard using the processes w/in your governing documents (e.g., notification, time for hearing/compliance, fine, etc.).

JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

You have to re-read your docs. Most make reference to things like maintaining community standards. This is usually sufficient for a BOD or ARC to order one to paint their house.
KerryL1 (California)
Posts: 14,550
Posted:
JohnC probably is right. But, still, make sure you check governing docs OTHER than your bylaws.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By GeorgeS21 on 11/27/2018 7:53 AM
LetA,

In this case the upkeep is the responsibility of the owners ... so, a reserve study would not apply, right?

True, but it is merely a guideline don't mean it has to be done. I think our last reserve study looked at the entire gated community as whole and said common elements should be done this this and this, and homes need painting after x. They probably do it that way so they don't get sued for prematurely sending a letter.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Let A,

Hmmm ... painting in this case in on the owners so it would not be in a reserve study.
RoyalP
Posts: 1,104
Posted:
HUH?
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By GeorgeS21 on 11/27/2018 8:59 PM
Let A,

Hmmm ... painting in this case in on the owners so it would not be in a reserve study.

The only conclusion I gather from what our HOA said was they used the reserve study painting the pool house as a guideline on when owners should paint their own homes.
SueW6 (Michigan)
Posts: 814
Posted:
Surely your CCRs have a section in it that talks about appearance of homes and requirement to maintain, along with landscape guidelines.

Painting requirements would not be in the bylaws.

RoyalP
Posts: 1,104
Posted:
Painting requirements SHOULD not be in the bylaws.

KerryL1 (California)
Posts: 14,550
Posted:
Questioning if they were in his bylaws was my first question to the OP. He hasn't replied to that.
JohnL35 (Florida)
Posts: 3
Posted:
Sorry, probably got my terminology incorrect. I pulled the term bylaws out of want for another term. My original question was if there was not something in place to compel people to paint their homes, can something be added.
KerryL1 (California)
Posts: 14,550
Posted:
And I think we or someone asked: don't your CC&Rs (declaration; convenants; deed restrictions) say something about maintaining the homes' exteriors??? Most like there is. what is the wording??

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