Painting your condo

after I read a notice from the City of Scottsdale,asking home owners and condominium buildings to spruce up there homes with new and more modern color's,I did paint our home.I'm now being informed from our board that I'm out of compliance.To best of my knowledge we never had any color restriction's.I painted my home on February 24th 2008,on the last board meeting October 18th 2008 the board established a paint selection.They selected the same color what many home owner's wanted to change.Navajo White is a color which is as old as Scottsdale is.I do not believe that I'm out of compliance.Please respond Thank you, Peter

If you painted in Feb. and a paint selection was not selected until Oct., then you are in the clear *** IF *** there was no PREVIOUS paint selection that you were supposed to use. (I can't believe that there was not)

Please print the "violation" that you received so we can read exactly what you are being charged with.

Let me explain to you my position.I'm on the board of director's for the past 6 years.I have requested on many occasion to show me any paint selection applying to our complex.I have talked to three past president's and to 7 former and present board member's.None of them could give me a firm answer about our color restriction.Every one stated that there was only a suggested color.In April 2008 a committee was formed to recommend a more modern color selection,our President did not invite the committee to the October Board meeting ,it was not a regular board meeting and only three board members where present.In that meeting the three members made up a new color restricting by-law.One former board member and former president stated "there is nothing cast in stone about our color selection"and that is it close I could get to an definite answer.Thanks Peter

Peter,
What do your documents say? Do you have an ARB? What does that say.

Now if you are saying there is NO reference in your documents that bear on the subject, you still have a problem. By allowing you to pick your color, they open the door for any color, that's just the way it is. The Board can set a date for compliance to the directions of the Board, whatever they are, and grandfather(in your case) colors as now proscribed or existing. They could then enforce anything from that effective date as decided by the Board. I am not telling you what to do, but I would strongly recomend that some standards exist and are stringent and enforced. If not you all are going to end up with a mish mash of conflicting colors and property values will suffer. You would be defeating one of the prime reasons Association living is so popular. Keep in mind that people come and go in you community and yet the associations have to stay forever.

Peter,

First of all, the city of Scottsdales city ordinance requiring the painting of homes to be kept up has absolutely nothing to do with your assn restricting certain paint colors. If you live in an HOA, you must abide by the restictions of that assn and they may be more restrictive than city code.

Are you saying three board members changed the bylaws regarding the paint colors? If this was not a regular board meeting, how could these three board members conduct business, much less pass an amendment to the bylaws? In fact, I'm surprised this issue even be in the bylaws. Seems to me it should be in the architectural guidelines which can change from time to time by a vote of the architectural committee. Most assn's review the paint colors every 2-3 years and make changes accordingly. It appears to me this change was not made properly and perhaps the architectural committee was incorrectly informed of the new paint colors. As a board member you should certainly know what the acceptable paint colors are. Also, any changes should only be applicable to homes being painted after the changes were made.

Hi Susan:No I did not painted my house in Navajo White again.That is where the dispute is.There was no known color direction in our complex.People have changed there trim colors in many different colors.I painted my house (side,back and front) in the most common dessert color there is in Scottsdale and got many complement from other home owners in our complex. Thanks Peter

So - YOU are the only one to have a back and side colored unit?

All others are white?

Can you see why the board is issuing you a violation?

Hi Dana,question #1 yes I'm still a board member(at least I think so,I was not informed of our October meeting we always have the meeting on the last Tuesday of the month,and we did not have a November meeting)#2 yes we are talking about HOA.#3 The three board members decided to have front colors only changed to Birdseye Maple.#4 No body called a special meeting,the President just change the date.#5 In our State A.Z.owners have the right to notice and comment.#6 Since there was no color restriction and I did inquire with several past President's and former board member's,I did not think to make a written request,maybe I should have.#7 no emergency meeting. #8 we did have a committee elected and they recommended three color's witch includes my choice of color.But they where not informed or invited to the October 19th board meeting.None of the recommendation from the committee was Navajo White. Thanks Peter

Peter,

I agree with Glen. In fact I stated the same thing: if the paint colors where changed after you painted your unit, then you should not be in violation. Only those members who choose to paint their units after the paint color change will be required to use the new colors.

You know most assn's have a lot of trouble getting members to become involved. The fact that you were able to put together a committee to review the paint colors is commendable for your assn. However, if I were on that committee I would be quite upset to find out the board made the decision w/o even considering our recommendations. Surely not a good way to promote members' involvement!

BTW, just out of curiosity, were the members of the assn notified of the change in date for the board meeting? Why weren't you notified? Sounds like those 3 board members had an agenda?????

Glen, MaryA and Peter,
Clear this up for me. Glen gives explaination of restriction relating to a Condos, MaryA agrees, and Peter speaks of his HOA.
Now, if condo and anything is painted outside the unit, it is common property, not subject to one owners decision. Now I don't have a problem with Peter speaking out for his rights, and I don't have a problem with anyone making a decision based on what they believe to be true, and I don't have a problem with your recomendations. To me, and maybe I missed some of this or misread some of this but little things bother me. Peter speaks of his regular BOD meeting and no notification was given. It is not unusual for BOD to set regular BOD meetings a year in advance at each annual meeting. I don't believe the item of a CAB was ever addressed. It could be they don't have one, they should, to be sure. Then Peter talks of bad feelings in the HOA between the BOD and owners, I suppose. Surely this issue of paint color is not enough to cause all that.
Finally, I am not sure what Peter wants. He must know that we can not give him authority to paint his house a different color. Even if I am in left field (certainly possible), and Peter is "right", what has he gained except getting someone to agree with him. Bottom line, he still has to go through the same old routine of working through the Board. I will say this to Peter,if your HOA/Condo BOD is causing all this turmoil, you need to seriously mount an effort to recall them and get a new start, I also wonder if this group of unhappy homeowners have all gone to a Board meeting and tried to work this out. If the BOD is holding closed meeting and your state statute or CC&R's doesn't allow them, stop what you are doing and together make the BOD accountable.........you have no choice.

I think part of what is confusing me is that I'm not sure that this IS a condo association.

Peter:

Is this a condo association or is it a homeowners association with individual, detached homes?

I know, but then he referred to it as a "complex."


That usually makes me think of something like patio homes or condos or town homes.

As opposed to single-unit, detached individual homes.

Not that it matters, really, except in some of the replies where posters are basing their comments on shared exteriors.