White Blinds only - how to fight it?

Started by MichaelJ6 • 8 replies • 7547 views

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MichaelJ6 (Ohio)
Posts: 3

Posted:

I have lived in my current condo for a little bit over a year now. I purchased it from HUD as a small renovation project and to live in. During the time of renovation, I did a lot of work and made the place gorgeous (hardwood floors, crown molding, ceramic tile, etc) while the standard builder grade stuff in most units is bargain carpet, vinyl flooring, those cheap metal mini blinds. I decided to get custom 2" wooden blinds in my house to match the hardwood flooring.

The board is saying that they need to be removed and either replaced with white blinds or nothing at all or verticle blinds or drapes that look somewhat white (regardless if I paid $800 for all of them) because they aren't white blinds. However, the rules also state that you don't even need blinds at all, which means you could paint the walls and ceiling hot pink and be more of an eyesore than actual nice blinds. This is one of those nanny-state things that I cannot stand, and the people on the board appear to be more "subjective" than "objective" because of their own personal tastes.

Is there anything I can do to make them let me keep my own blinds? I mean, technically they are inside my own home, which I own. So how can they dictate such a thing? Or legally maybe they can't?

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MichaelJ6 on 04/14/2010 11:01 AM
appear to be more "subjective" than "objective" because of their own personal tastes.

Is there anything I can do to make them let me keep my own blinds?

Yes.

Paint them white.

Quote:

Posted By MichaelJ6 on 04/14/2010 11:01 AM
I mean, technically they are inside my own home, which I own. So how can they dictate such a thing? Or legally maybe they can't?

They can "dictate" such a thing because the home you purchased apparently had accompanying binding covenants, so legally they can enforce whatever is in those covenants or rules. You agreed to the controlling documents when you took title of the unit.

MichaelJ6 (Ohio)
Posts: 3

Posted:

But here's my argument - they are not enforcing things across the board to back up their "unity" claims. They are not making people have blinds at all - which totally ruins their argument of everyone having white behind their windows to look uniform. THey are not making people use white drapes - many people have red and other colors.

It appears to me that they are being subjective against wooden blinds, but they don't care if people use a white sheet and look like trailer trash?

MicheleD (Kentucky)
Posts: 4,491

Posted:

Your argument and $1.00 may get you a cup of coffee at McDonald's. Then again, you may have to kick in a few pennies more for tax.

You can try to go the selective enforcement route, but they likely have a pretty good chance at defeating you.

Remember, theirs is not an "argument" -- theirs is actually codified in the controlling documents.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Michael,

Please quote us the exact wording in your protective covenant that says that all outside facing window coverings must be white. If they are not enforcing this covenant evenly, then you have cause to argue with them about selective enforcement but that could cost you money to fight that and in the end, perhaps you lose which would mean that you now have to have white outside window coverings anyhow. So please post the exact wording.

If push comes to shove, you can have the ouside of the slats painted white therefore not having to remove them

MichaelJ6 (Ohio)
Posts: 3

Posted:

Here is the exact wording:

..."Nothing shall be caused or permitted to be hung or displayed on the outside or inside of windows (except inoffensive drapes, curtains, or louvered blinds, all of which must appear white from the outside) or placed on the outside walls of a building or otherwise outside of a Unite, or any part thereof, and no sign, awning, canopy, shutter or television or citizens band or other radio antenna or transmitter , or any other device or ornament.."..."unless authorized by the board or required by applicable law to be permitted, but in such case, subject to lawful rules and regulations as the board may adopt from time to time"

So I understand that it pretty much does a CYA on the Board...and just so you know, I disagreed with the policy so much that I am now on the board effective 3 weeks ago. I have pleaded my case to the board because many of them are quite subjective and power hungry. For example, the President of the HOA got a rule changed that originally said nothing can be placed in common areas (like your flower bed) so that she could put a bench there in front of her condo. Well, these are connected 6 unit condos (3 story vertical type...so 6 long, side by side).

Every single neighbor I know by me has loved my blinds and want to do the same thing and want the board to change the policy. So thats what I'm trying to do. When I brought it up at last nights meeting, the presidents response was "it wouldn't be right to change the policy after we've already told other people we wont do it for them". I was so angry that i stood up and lectured her on why the board is like a democracy - people can volunteer to run and get elected by members of the community who feel you portray the similar values as them. And that is what I am doing....taking things that me and other deem as silly, unnecessary, and nanny state - to replace them with things that are a little bit more open to personal tastes and freedom. I believe in small government and minimal laws...and I treat my views on the board as the same.

GlenL (Ohio)
Posts: 5,491

Posted:

And Michael you sound like a petulant child throwing a temper tantrum over not getting your way. If you feel so strongly about it, get the necessary % of homeowners to call a special meeting to change the covenant and if you get the number of people required by your CC&R’s to vote yes to change it, then it gets changed. That’s democracy in action, a straw poll doesn’t count so it doesn’t matter how many of your neighbors tell YOU they like them; it’s how many are willing to step up and vote.

PS If the rule the president passed to allow the bench on the common elements is to get around a covenant then that is wrong. You cannot write a rule to change the meaning of a covenant; you can only change the covenant or have it invalidated by law.

Studies show that 5 out of 4 people have problems with fractions

DonnaS (Tennessee)
Posts: 5,671

Posted:

Michael,

I am not sure that you understand the difference between protective covenants and policy. The covenants are saying that only white outside window coverings which has nothing to do with Board policy. The Board can write a policy saying that the window coverings must be blue but that would not fall under any power that they have. The coverings must remain white no matter who says otherwise.

Only thru a change by amendment can the white rule be changed. It doesn't matter if 99.9% want them other colors, only an amendment vote by the members can do the change. If the Board is not effectively enforcing this covenant, then you do have cause to argue your case but a simpler way to acheive the results that you want is to suggest an amendment to the covenants.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Donna and all, especially Glen.

I agree change the covenants, in fact Michael makes a pretty good argument.

However Michael, do us a favor and when you get around to re-writing this section of your covenants, let us know the wording you are going to use and how your proposition is accepted by the Board and how long it takes to get consensus, then let us know how this is going down in the neighborhood. All the while, keep in mind, you are now on the Board and you will have other things on your plate besides getting your own way about the Blinds. If your intent is all this is to make a better association, more power to you. While all this is going on try for a little give and take with the rest of the Board and maybe you all can jointly come up with an agreement. Your president has spoken stating there can be no change, it is not fair. He is one voice, and so are you, it takes more than single voices to effect change. Also, be aware your responsibility and demands of your position is now different that being a member throwing grenades at the Board, you are going to be the target.

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