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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JackieB4 (California)
Posts: 398
Posted:
If a new board is suggesting a specified Paint Palette for our community (140 SFHs), after 28 day member discussions/comments...is that a Board decision or require a member vote?
SheliaH (Indiana)
Posts: 6,964
Posted:
It depends in part on your documents - do they address design standards? Your CCRs might state that certain exterior changes, such as painting your home a different color than the original requires prior approval by the board, but not specify certain colors. Design standards like this could be considered community rules, which the documents may authorize the Board to enact and enforce, so go back to your documents and read them.

As a practical matter, community rules, if done right, flesh out the CCRs and are usually easier to change (you've already seen lots of conversations on this website about the drama that ensues). What has your community done in the past? Getting a homeowner vote is ok, but it tends to take longer because people forget or lose their ballot or cast their vote and then get frosty after the vote is cast because they've changed their mind (well, I THOUGHT I liked that color, but...)

In this case, I don't see a problem with the board making the final decision. It's not like the homeowners didn't know a change was being considered - they had 28 days to review the proposals and make comments, so the board should consider all this (otherwise, why bother)? When homeowners have a hand in deciding what the rules will be, they stand a better chance of people complying with them. If, after a few years, other colors come into vogue, people change their minds or whatever, the standards can be tweaked - these aren't the 10 commandments.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
If your declaration allows the board to establish design standards, owner approval is not required.
JackieB4 (California)
Posts: 398
Posted:
Quote:
Posted By DeanJ on 07/29/2025 5:31 PM
If your declaration allows the board to establish design standards, owner approval is not required.

Our 1987 documents are silent on this issue.
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By JackieB4 on 07/29/2025 5:34 PM

Our 1987 documents are silent on this issue.
Then requiring owners to comply with a house paint palette will require an owners' vote that amends the Declaration. As well grandfathering of some sort will be necessary. The grandfathering is needed because an owner-passed amendment is not reasonable IMO when the amendment requires owners to go to the expense of painting their house to comply with this palette. Court precedent is clear that amendments have to pass a "reasonableness" test.
JackieB4 (California)
Posts: 398
Posted:
Quote:
Posted By ElleN on 07/29/2025 6:54 PM
Posted By JackieB4 on 07/29/2025 5:34 PM

Our 1987 documents are silent on this issue.
Then requiring owners to comply with a house paint palette will require an owners' vote that amends the Declaration. As well grandfathering of some sort will be necessary. The grandfathering is needed because an owner-passed amendment is not reasonable IMO when the amendment requires owners to go to the expense of painting their house to comply with this palette. Court precedent is clear that amendments have to pass a "reasonableness" test.

As usual, you cut to the chase...and much appreciated. We've had nearly 40 years of 140 homes painted with hundreds of soothing, nice color combinations: ie- no big issues with their ARC application & completion. I'm drawing a blank and can't get an answer why a paint palette of 3 colors seems necessary? It just seems to refocus attention unnecessarily.
"If it's not broken, why fix it? BTW, these same 2 Directors voted to postpone taking the basic initial steps to EVALUATE Restating our 1987 CCRs/Bylaws. I suspect a bumpy next year.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JackieB4 on 07/29/2025 7:56 PM

I'm drawing a blank and can't get an answer why a paint palette of 3 colors seems necessary? It just seems to refocus attention unnecessarily.
.

Three colors seem like a ridiculously small choice. In my last association we had the color book that the builder had in the sales office. The book had dozens of choices. They must have had another book because my wife and I chose a color combination that the builder offered but it wasn't in the book that the association had, and no other homes in the development (65 total) had our paint scheme. Luckily the association never gave us a problem with repainting the same colors.

Escaped former treasurer and director of a self managed association.
SheliaH (Indiana)
Posts: 6,964
Posted:
They may have feared someone would paint the house in a really whacky color (hot pink?), but you're correct that if people haven't had a major issue with this, a color palette probably isn't necessary.

As for the board members who voted to postpone evaluating your documents, did they provide a reason? Cost and the length of time it could take might have been a factor - or they fear the board losing power if people vote to give more control over board decisions to the homeowners. Or a combination of both, plus something else (some people are afraid of actually doing anything that requires careful thought.

If these two didn't explain themselves, someone should ask them why - document changes don't happen overnight, so I think evaluating documents over 30 years old is a good start. Along with determining if these two should remain on the board if they're so opposed to even considering possible changes.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By JackieB4 on 07/29/2025 7:56 PM
We've had nearly 40 years of 140 homes painted with hundreds of soothing, nice color combinations: ie- no big issues with their ARC application & completion.
If an ARC application is required, this may change my earlier response.

Though for the board to limit house colors at this point is still likely not prudent.

Regarding your two new directors: I wonder if they understand that "the board does not just makes things up. The Board has to work within the constraints of the covenants, bylaws and state law."
JackieB4 (California)
Posts: 398
Posted:
ElleN, "Understanding" might be a stetch. I sense an unusual new board approach: "No one cares or notices, our documents are the original (declarant lingo) and don't make sense, member apathy, my friends want it done this way, etc, etc." Off topic, but FYI, we haven't needed to tow anything in a few years, no vandalism, etc. but new board wants to hire a Tow patrol to drive the community? REASONABLE has left the building.
DeanJ
Posts: 1,786
Posted:
Youneed to amend your declaration to give the board the authority. A simple owner vote would be meaningless.
JackieB4 (California)
Posts: 398
Posted:
Quote:
Posted By DeanJ on 07/30/2025 5:50 PM
Youneed to amend your declaration to give the board the authority. A simple owner vote would be meaningless.

Dean, I agree. I feel as if I'm at the zoo, watching monkeys swing from Bar to Bar.
JackieB4 (California)
Posts: 398
Posted:
Quote:
Posted By ElleN on 07/30/2025 6:34 AM
Posted By JackieB4 on 07/29/2025 7:56 PM
We've had nearly 40 years of 140 homes painted with hundreds of soothing, nice color combinations: ie- no big issues with their ARC application & completion.
If an ARC application is required, this may change my earlier response.

Though for the board to limit house colors at this point is still likely not prudent.

Regarding your two new directors: I wonder if they understand that "the board does not just makes things up. The Board has to work within the constraints of the covenants, bylaws and state law."

Recently, our PM had Legal give an excellent New Board ZOOM review of Board Basics for CA HOA's. I suspect there continues to be a void with 2 directors; both made comments that contradicted our Arborist eval. and legal's orientation. I remain optimist.
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By JackieB4 on 07/31/2025 8:59 PM

Recently, our PM had Legal give an excellent New Board ZOOM review of Board Basics for CA HOA's.
Great.
Quote:
Posted By JackieB4 on 07/31/2025 8:59 PM
I suspect there continues to be a void with 2 directors; both made comments that contradicted our Arborist eval. and legal's orientation.
If disagreement arises, maybe you could get the board to agree to ask the HOA attorney's opinion.

I continue to feel that HOA attorneys can be great educators. What an attorney can say by way of education can be worth the cost of the legal fee.

🎯 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