Homeowner paints trim on house lime green

Hello all,
I am not on the BOD just a concerned homeowner.
We have a woman in our neighborhood that is "slightly left to center" and in a group of homeowners that are constantly badgering our BOD. She has stated that it is her home and she can do what she wants with it. To push her point, she has now painted the trim on her townhome and that of her neighbor, lime green.
We reside in Texas.

Any suggestions on actions that maybe taken?

Thank you.

It is her home, and she can do anything with it she wants. And, in order to get that home, she agreed, in a written, binding contract, to follow certain rules and regulations, and be subject to the rules and regulations of the HOA.

So, as far as I am concerned, as long as she follows the rules and regs she agreed to in order to purchase the home, she can do what she wants with it. But since she agreed to the HOA Rules before she bought her home, i think that agreement takes primacy. Once she meets that commitment, she is free to do what she wants otherwise.

It would appear that a line has been drawn. Your HOA or some person who really does want the covenants enforced should hire an attorney to start action to get the trim repainted an acceptable color.

If the documents are written correctly, then there need not be a list of pre-approved colors. Our documents state that any color change must be approved. If she didn't get approval then she would be wrong.

Hehehe!

So exactly who decides what is "acceptable"?
And if the Architectural Committee this year decides it is acceptable is it mysteriously now okay? - or do you "prevent" those problems by ensuring only "certain" people are allowed to be members of the Architectural Committee?

This fascination over house and trim color is all-too-often a veiled racial discrimination issue. Beige, sandstone, and earth colors may be all the rage for caucasians in Arizona but in Texas and certainly from Austin down to the border there is a very different demographic population. The attempts to impose such ridiculous "standards" on homes does not reflect "community" in any sense of the word. How would you like it if a majority of homeowners were able to vote to require all homes be painted a particular color (e.g., lavender) and denied you any individual choice in the matter at all?

As for those who keep saying CCRs are contracts you signed at closing - nothing could be further from the truth. That's "industry-speak" and doesn't reflect reality or even the law. Buyers often aren't even provided with copies of the documents and the HOA industry has made it such that you have to pay for documents that the HOA should really be forced to deliver for free. Although CCRs are interpreted under contract law in the state of Texas, they are not contracts but rather servitudes that burden property. The only sales contract is an "as-is" contract between the seller and the buyer. The CCRs themselves are not negotiated in any sense of the word.

I know, Glen, right?

HOATalk removed the access by Rich and/or Nancy, now this "JS" comes on board with the same "mantra," allegedly from "Oregon" but continues to cite Texas examples and way of life.

Actually I do partially agree with you on this one. I think FL & CA are the only states that require the CC&R's be given out before the closing and the buyer has to sign that they have received them. Even then you unfortunately can't make them read them but I would support a nation wide requirement. Like it or not they are a binding legal agreement and no one is forced to buy into an HOA even if the majority of municipalities do require them for the majority of new construction. Unfortunately the majority of buyers are too stupid, too lazy or too cheap to hire someone to help them with what is all most certainly the largest purchase of their life, someone say like an attorney to explain just what they are agreeing to when they sign their name.

Mary thanks, I'd forgotten AZ.

Glen,

Fl real estate law requires the HOA documents to be given out to prospective buyers and a buyer has 48 hours to remove the offer after signing if they feel that they cannot accept the terms of those documents.

Glen, Yes, Florida requires that CCRs be given out to buyers but that doesn't happen with by for sale by owners or half-assed realtors. Caling the majority of buyers "too stupid", "too lazy" or "too cheap" and calling for a nationwide requirement does not solve the problem when in Florida it is ignored and not enforced. Unfortunately we have many ignorant attorneys who either do not know the law or choose to ignore it. Since you are so knowledable, what are your recommendations?

DJ, I agree, but you must admit that your situation is not the norm of what we run into. Although it does happen from time to time.

But I think Glen was being somewhat hyperbolic in reaction to such a strong rhetoric trashing HOAs in general.

But it is true, a good majority of people who should be more aware of what they are doing, aren't, for some strange reason, when they are in the middle of making one of the most expensive investments in their lives.

And not all states have strong laws to ensure that buyers are made aware. But that doesn't relieve them of the burden for finding out everything they can about the purchase they are making.

Granted, many people simply don't know what they don't know. But, especially in this day and age where so many new developments are clearly deed restricted communities, one would think a buyer would be more proactive.

Harsh yes but I'll stand by it. First time home buyers shouldn't wipe their butts without an attorney handing them the paper. As personable and knowledgeable as most realtors (generic term) are, their main overpowering desire is to make the sale. If it is the sellers agent s/he wants the commission, if you have an agent they want their half of the commission and neither one can give legal advice.

The mortgage broker or banker could help but their interest is making the loan and getting a fee and they can't give legal advice either. Now what was the thing that started that other thread? Oh yeah, someone bought a home in an HOA and took the buyers word on something. Are attorneys infallible? Of course not as DJ points out but if you don't have a clue what you are signing and what you are obligating yourself to; hire professional help. Of course if people took my advice and actually knew what they were obligating themselves to, half of the posts would disappear.

DJ it's like that old saying: Marry in haste - repent at leisure. I would personally like to see more regulation about disclosure before closing but what it comes down to is there is only so much you can do to protect people from their own naiveté. I also would like to see along with the fancy stone entrance markers a simple sign. Covenant Controlled Community - Covenants Enforced.

"Covenant Controlled Community - Covenants Enforced"

Now THAT would would an excellent idea because then any buyer who doesn't already know what a HOA mean, or covenants mean, AND who noticed the sign, might look into what it means. I know the real estate agent and developer here just glossed over the significance to many of the buyers that came after us. If covenants are such a great thing you might think they would really want to emphasize what they mean but then again...that might just scare off some buyers which is the opposite reaction the agent or developer want to accomplish.

I wonder why?

Glen,

Our hoas is looking to replace entrance signs and I am suggesting under the name of the association "a deed restricted community" be added. Right now our signs say "no solicitating"..what a joke it does not stop solicitations anyway.