Not an attorney but for me, this is clear as mud

Hello everyone, you guys seem very knowledgeable and can hopefully get a better understanding of governing documents and how they apply.

I am going to do the best I can to not drag this out. Have never dealt with a HOA but lived in HOA communities for a long time. In Oct of 2020, I was informed our door was out of compliance ‘color wise.’ Our doors rotted, we had to replace them, and my wife painted them a different color. When they sent the violation letter, the subject read: Covenant Violation 8.17 Exterior Materials and Colors. In subsequent emails, the HOA claimed, “there is a strict policy” and “bylaws clearly state” all exterior colors must be approved.

8.17 in its entirety from the governing documents.

"8.17 Exterior materials and colors: The exterior of the residence and all accessory buildings shall be constructed of stucco synthetic stucco (dryvit or equal), brick or siding approved by the committee. All siding must be wood or synthetic single board lap siding subject to the approval of the committee. Imitation stone imitation brick and lava rock are expressly prohibited."

Below is the Board’s interpretation of 8.17.
Section 8.17 was referenced based on the section title and intent for it to address both exterior colors and materials. It is unfortunate that the builder focused on the materials part in the text, but this does not change the authority of the board to approve changes stated in earlier sections.

The discussion is about the color of our door, and they tell me “It’s unfortunate that the builder focused on the materials part.” Then to say the bylaw ‘clearly states.’ I am either a idiot or they are trying to BS me. I will say this, initially the Board offered to meet with us, we kept asking for the meeting and they never granted it.

After a few months of back and forth, I asked for legal to get involved. A few weeks later, the Board informed me a legal opinion had been received and I would be hearing from legal within the week. That turned into another excuse for why legal hasn’t contacted me, but the bottom line is ‘I never saw a legal opinion that was promised to me.’

Below is also a part of our governing documents. This bylaw spells out exactly what we did at our home. Nowhere in the documents when speaking of repairs, do the documents state “before making any change to the front of your house, ACC approval must be received.” Nothing as, “any change to any part of your house facing the street, must be approved before ….” Maintenance is not an improvement hence why 8.37 does not speak to getting a color approved for your door before performing maintenance.

"8.37 Lot Maintenance." The exterior of each building, located on a lot. Including garages and other approved buildings must be reasonably maintained, including painting any replacement of roofs, gutters, downspouts, and exterior building surfaces, and any other necessary maintenance, including. The replacement of windows, doors, or shutters when necessary."

During this entire process, we have never said we would not change the color of our door. We are asking where in the governing documents does it require us to change the color. Instead of answers, we get insults. The Board offered the designer they use; I emailed her and while waiting a month for her response, the Board started the fine process. The Board asked us to submit a color, after the fact. We did and they had 15 days to approve; they failed to meet their deadline on a response therefore our color is ‘approved thereof.’ But they don’t want to follow bylaws, they just want the homeowners to.

Harmonious color schemes do not exist in our neighborhood. From candy apple red doors, to lime green doors to baby blue shutters; no color is discriminated against. There are houses missing shutters or the homeowner just pulled them down which is against the bylaws; all windows must be of the divided variety however there are 20 homes with non-divided windows. AC units for the windows cannot be used facing the street, but this is being allowed, I think you get the idea by now.

During the recent annual meeting, we had rallied together homeowners to make a change. The Board hoarded proxies putting those proxies towards themselves which gave them enough votes to continue to destroy our neighborhood.

Lastly, I’ll give you an idea of their character. A single mom in the neighborhood was questioning board members on a certain topic that had come up in the annual meeting. The single mom was told by a male board member, she is sh7t starter and she needs to go find a husband. This same guy lied under oath about his house.

I’m really at a loss. Any advice would be appreciated, or I could dive into more details; I just don’t want to overstay my welcome on one post.

here's where I think you may be able to enforce your rights.

During this entire process, we have never said we would not change the color of our door. We are asking where in the governing documents does it require us to change the color. Instead of answers, we get insults. The Board offered the designer they use; I emailed her and while waiting a month for her response, the Board started the fine process. The Board asked us to submit a color, after the fact. We did and they had 15 days to approve; they failed to meet their deadline on a response therefore our color is ‘approved thereof.’ But they don’t want to follow bylaws, they just want the homeowners to.

Is there something in the bylaws that states the 15 day requirement for a board response otherwise the color is approved. If so.. submit the dated letter the board asked for your color. then submit the date of your response and then confirm that you never heard back from them... then quote the bylaws that state if the board doesn't respond within 15 days, your color is approved thereof..

YOU MUST send this to the association certified and send a copy to the association atttorney.

if what you stated is in fact in your documents. I think you have a solid argumemt. If you send the attorney a cc of your response. she should advise them that based on the documents, the failure to respond gives you all the right to keep the door color.

I'm not a lawyer. Lawyers don't make the law. Lawyers give opinions. Opinions are wrong 50% of the time. Judges interpret the law. The littigation expensese that would be necessary to get to the stage of having a judge interpret the law is EXPENSIVE .

Your board loses some credibility by making the statement, "bylaws clearly state." Your Covenants, conditions, and restrictions (CC&Rs) tell you what you can and cannot do with your property. The fact that they use the wrong terminology indicates that they may not understand their own rules. Usually, the CC&Rs are the enforcing document. Guidelines, policies, and what has always been done in the past, are irrelevant. The HOA can enforce the CC&Rs, not their interpretation of what they should say. That being said, this is probably going to depend on how your state courts rule on ambiguous CC&Rs). In some states, HOAs have a lot of latitude in interpreting ambiguous CC&Rs and in some, they do not.

I would talk to an attorney or at least someone familiar with Louisiana HOA law. The idea that you should just bend to the will of an overzealous board is bunk, in my opinion. You are bound by the CC&Rs, not by the opinions of members of the board.

The problem comes is the entire proxy process was done differently than ever before and the only people in the know about it was the board. Proxies are usually mailed to every homeowner; this time, they were not. Board Members selected certain homeowners, walked to the door with proxy in hand and asked the homeowner to sign it over to them. As far as other documents, I am glad to share whatever you would like to see.

The exterior materials referred to ‘siding’ and imitation rock. Getting back to the law, does my defense have to be all the governing documents are only the one the HOA claimed I violated?

The problem is your now asking for forgiveness than permission. The first step was to ask for permission. Now that you did not do that, then the HOA is viewing the situation differently. Which is probably coming off to you as "disdain". Honestly, who doesn't have that reaction when someone acts this way?

Example: You see someone paint their house "Purple" out of the blue one day. You know that one has to have permission and approval from the HOA to paint. You drive by a week later and see the house is now a different color of a "light blue" Don't your eyes roll a little and chuckle "They should have known better it was in the rules and procedures to have ASKED first before painting". Hence that is the reaction of those who were in the "know better" than those who should have done better.

Todd

You are a classic example of making a mountain out of a mole hill. Paint the door an acceptable color and move on in life.

Oops; I misread. The covenant clearly (wink) speaks only of this committee approving the exterior walls.

ToddB13, if this is all the Board is citing, and you can find nothing else about approving exterior changes, your case is stronger than I thought.

Myself, both neighbors and two other friends painted their houses within the last year and no one asked for approval. Not bc we were being a pain, I just didn't know and they never asked so why I wouldn't think I couldnt do it again?

Painting the exterior the same color as it was is maintenance and would not require a request.
Replacing the roof with new shingles of the same color is maintenance and would not require a request.
Replacing a fence with the same style and material is maintenance.
Replacing landscape with the same items is maintenance.

Painting in a different color or using different materials is a change and requires prior approval.

Basically any change to the exterior of the home (roof, paint, landscape, windows, etc.) would require prior approval. This is typically one of the main covenants in any HOA.

Sometimes, these changes are so subtle that one can not tell the difference just by looking. Sometimes, these changes simply aren't noticed because no one complained.

The fact that others may or may not be in compliance does not mean that you don't have to comply. It simply means that the Association was unaware of the change, gave verbal approval or simply failed to enforce. Make complaints to the board about all of those you see changes on that you believe didn't get prior approval.

If there are others in the development that have the same or similar color, submit a request after the fact specifying that you are sorry for failing to submit a request prior to the work, the fact that the color is being used on other properties within the development (name them) and that you are not asking for anything that hasn't, apparently, been approved in the past.

Unfortunately, per your posting, this has gone on for a year. It can make things tougher to resolve as everyone is human and it's human nature to dig in (so to speak) when being challenged.

Bottom line, purchasing a property with deed restrictions (covenants) means that you agreed to comply with those restrictions when you purchased.

Pick your battles. Is the color of the door and the fact that you failed to comply with the deed restrictions of your property the battle you want to spend time, energy and money on?

If it is, and it was for me in a similar situation almost 15 years ago, then learn everything you can about HOAs, the applicable statutes and your deed restrictions. Start attending board meetings to see what is going on. Educate your neighbors on what you have found. Gather support and run for the board so you can be part of the process and make the changes you think would be better for everyone.

@TimB4, if our governing documents were written like your post above, I would not be on this forum. Thank you for your time and explanation

With all the different color doors in the HOA, my money's on the HOA Board being clueless.