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DavidO1 (Colorado)
Posts: 2
Posted:
The current ARC is wanting the owners of a home which was built over 2 year ago in this development to change the color of their house or offset the original color with another color on all bumpouts and window trim. The house is all stucco with extensive trim work and an acceptable color according to the original ARC. The current ARC is stating that final approval was never given for the house to be one color. No correspondence from the ARC has ever occured in the 2 years+ that this house has been finished. The homeowners state they went through all the proper procedures with the ARC from the beginning and were very clear that the house was to be one color. The also have a signed letter from an original ARC member stating they did receive a verbal ok to procede with their color selections. My stance is that regardless of what anyone thinks at this point the time lapse in the ARC not doing anything for a 2 year period is reason enough to halt this action. Something should have been said when the stucco was being applied or even finished.
BradP (Kansas)
Posts: 2,640
Posted:
David:

I concur, two years to me is the fault of the ARC and this homeowner should be left alone. Plus if they have a signed letter giving them the ok then there is nothing that can be done. A great lesson for everyone, keep your paperwork, you never know when someone on a power trip will come along and make your life a living hell. When you have paperwork it is easy to tell them to go away.
MicheleD (Kentucky)
Posts: 4,491
Posted:
David, even if it had been two months, it appears they have to proper back up to show that proper approval was given.

Too bad for the current Arc Committee, but they need to move on and deal with more pressing and possibly more horrible alleged violations.
MaryA1 (Arizona)
Posts: 7,043
Posted:
David,

A lot of assn docs specify that if A/C approval is not given within a certain period of time, the h/o can proceed with the work as though approval had been given. Research your a/c guidelines to see if this is stated. This would be just more ammo for the h/o who already appears to have enough documentation to support their position.

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