With approvlal of our HOA we added a room to our villa. They insisted we record a Deed Restriction stating the current and future owners agree:
"1)to be totally responsible for maintenance, insurance and upkeep of this imporvment per the plan approved by the Board.
2)we further agree that the HOA shall not be responsible for any upkeep of said improvements, which improvemnts shall at all times be maintained and insured by the undersigned or future owners."
The addition was built and painted in 11/2009 as per the Board's approved plan. SIX months later the HOA had all units painted and re-roofed and when they did this they also ripped off our room addition roof and painted the exterior - even though the addition was only SIX months old!
They then sent a letter stating "in keeping with the approval agreement and Deed Restrictions".. :"you are responsible for all exterior maintenace Based on the invoice the Board received from the painting company your portion of the cost is $426.88."
We objected to this additional cost in writing, pointing to the actual wording of the Deed Restriction. WE are responsible for the mainentance and NOT the HOA. We believe they had no right to re-paint the additon and charge us.
In response to our written objection they stated "it is the Board's responsibility to make sure all exterior parts of the buildings have a uniform appearance and the Covenants state the Board is responsible for the exterior painting of all units. It further states that "A Homeowner shall not have the right to paint the exterior portion of the building on any Unit. Althought it is written on your Approval agreement that the addition owners are totally responsible for all maintenance and upkeep, the Covenants direct the Board to set up a schedule when maintenance is required." (If the Homeowner does not have the right to paint the exterior, why would they require that in their Approval Agreement. We had to use the exact brand and color used on all units, which we did and in fact used the same painting company that the HOA uses.)
I'm sorry this is so long. My question is: What has priority in this HOA situation - the By-laws, Convenant or Deed Restrictions?
Thank you for your comments.