💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JaneC2 (Florida)
Posts: 2
Posted:
My HOA has begun painting our community. The Board has chosen a color which is distasteful to the majority of the community and we feel it truly devalues the property values. As Past Board President I know our docs do not speak to a vote being necessary for a change in community color however if it is a drastic change isn't there recourse here? We were not given even a choice between two colors. The board just determined what they preferred.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
JaneC,
I am not being snide but there is a recourse and that of course is to sue.
But, it would appear the best way to change the Boards mind would be public opinion. Get a large croiwd and make your thoughts know and demand the issue be put before the Owners. As you know, if there are no written restrictions to the boards actions and you don't like them, there is little you can do to stop the painting. But if you have enough people to hire some legal eagle you could probably get an injunstion until you get the issue clarified by a judge.
NancyD1 (Florida)
Posts: 447
Posted:
Jane,

Do your documents speak of paint colors? The direct color code will probably be in the ARC documentation. If not, the board can make the decision. This is a big decision and should not have been made without some input from the community. It can be brought up at a special meeting which can be called by the percentage of members that your documents require. If the quorum calls a special meeting, you can bet the BOD will pay attention.
JaneC2 (Florida)
Posts: 2
Posted:
Thanks for your reply. Our docs only speak to "exterior maintenance" and not specifics such as color. Since the inception of the community in 1982, the exterior building color has only been modified slightly-so too the trim color. The Board did send it out for a vote even though it was not required to. They claim to have received a simple majority of the 56 votes needed but we question that. I guess the first step would be to demand to see the 56 "verifiable" votes and if they are not produced then proceed with a special meeting as you suggest. Good idea. Just goes to show if you turn your community over to the wrong Board you can be terribly unhappy where you live.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By JaneC2 on 10/14/2007 3:51 PM
We were not given even a choice between two colors. The board just determined what they preferred.

Later you posted the Board provided for a vote. Which is correct? If they got a majority vote I see no problem except a few like you don't like the color.
NancyD1 (Florida)
Posts: 447
Posted:
Jane,

If the BOD had a vote on the subject of changing colors it makes no difference. They can change them due to painting being classified as maintenance. Is this a just decision? Maybe not, but the community has to make itself heard if they disagree. Will it make a difference, probably not.

This is why we have elections, to vote the people in we think will provide for the betterment of the community.
AnnaD2 (Florida)
Posts: 960
Posted:
We went through this a couple of years ago. Our buildings were in desperate need of a new paint job. The original color was white. The board decided on a light peach color for the new paint. A couple of members went crazy and DEMANDED the board allow the members to help select the color. (This group wanted a GREEN color.) Even though the board was within their rights to select the color, they put it to an "informal" vote of the members. The "green color" people were very vocal and went door-to-door TELLING people to vote for the green color. Well, no one appreciates being "told" how to vote. Their bullying tactics backfired and all the other members voted for peach. Right back to square one---all it did was delay the paint job for another two months, and the "green people" didn't get their way. You can't please everyone.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
AnnaD2,
Actually your little exercise did more than delay the process. It demonstrated the power of the members. Good for your team.
MikeS1
Posts: 668
Posted:
I thought that most community had color pallates that the builder has chosen from. We've got ours on our website and they do have to get a color change approved, but at least (if they are looking for a change), there's already an approved pallate that we can steer them to. If you don't have one, I would suggest working for one of the local professional paint stores in your area. If stick with common colors that are premixed from the factory (and don't have to be mixed), you'll have far fewer situations where the colors don't match.
When people start goning to the local home stores and trying to match patch, that just opens the door to problems. Yes, they should be able to match colors, but in reality it's not a perfect science.
JoeW1 (New York)
Posts: 728
Posted:
RogerB - The Board claimed to have a simple majority. Doesn't seem all owners were notified.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here