ARB and Painting Committee

Started by ChrisM29 • 7 replies • 541 views

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ChrisM29 (Florida)
Posts: 7

Posted:

Does an ARB establish a change in paint color for exterior painting of all units or does a Painting Committee?

18 months ago our prez established an ARB. It has never held a single meeting nor established any guidelines and procedures. Our bylaws state the ARB will "regulate the external design, appearance, location and maintenance of the properties and of improvements thereon, to regulate such uses of property as described in the Declaration and to regulate and enforce any additional protective covenants, restrictions, easements, and limitations as may be contained in any supplementary declaration."
We will be painting the exterior of our units next year. The Prez has assigned the ARB to choose the colors in one sentence of his report and the Painting Committee (also never having met yet) to do so in another. A Painting Committee was formed ten years ago when we last changed colors (requiring a 75% owner approval vote) and painted the exterior.
Any suggestions as to whether ARB or Paint Committee does the bulk of the work?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Chris

Committees serve at the pleasure of the BOD. The BOD was elected to operate your association, not some committee members.

Yes committees have a place and a function but when push comes to shove, the BOD decides.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

ARB's are a committee in nature. The ultimate decision maker is the board if in conflict or need final decisions.

BTW: If your forming a paint committee there are many things to consider with paint. Know they do change the names of paints about every 5 - 7 years. So do NOT go by the name of paint. It's the mixture ratio. Keep a copy of the paint mix #'s not the names. A VERY helpful tip to those considering paints.

Former HOA President

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By ChrisM29 on 05/08/2019 5:41 PM
Our bylaws state the ARB will "regulate the external design, appearance, location and maintenance of the properties and of improvements thereon, to regulate such uses of property as described in the Declaration and to regulate and enforce any additional protective covenants, restrictions, easements, and limitations as may be contained in any supplementary declaration."

1. Your quote from your Bylaws refer to your Declaration. Can you provide any relevant quotes from your Declaration?

2. Does a change to your Bylaws require a vote of the membership, or can the Board members make Bylaw changes on their own?

Thanks

Sikubali jukumu. Read all posts at your own risk.

ChrisM29 (Florida)
Posts: 7

Posted:

Thanks for that great tip, Melissa. Duly noted.

BillH10 (Texas)
Posts: 1,217

Posted:

Adding to what Melissa posted, keep a record of the base paint used, including the all the names on the can: Extra Smooth, Low Sheen, Flat Matte, Sherwin Williams Flex-O-Base or whatever. The base paint formulation changes as well, five years from now the guys in the paint store will want to know what the base was which was tinted for the doors.

I take pictures of the cans and the labels on the lids which contain the color formula. Put the pictures someplace in your association records.

ChrisM29 (Florida)
Posts: 7

Posted:

Thanks for these tips, Bill. Much appreciated.

NpS (Pennsylvania)
Posts: 4,216

Posted:

We use Sherwin Williams.
Around 6 years ago, we changed our colors. The outside sales rep for SW (not the store folks) put together what they call a "Paint Custodian" for us. It's a 3 ring binder with descriptions of the various paints & stains, the exact formulas for each, and a full page card with the actual color on it. He also helped us rewrite our RFPs that we put out for bid.

The color card is great because, if we ever change manufacturers, it will be relatively easy for the new paint company to match up new with old.

Sikubali jukumu. Read all posts at your own risk.

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