Hoa deed restriction

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Latest post Mon, Aug 18 2008 2:36 PM by Ford. 8 replies.
  • Fri, Aug 15 2008 10:40 PM

    • ErnieB
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    • Joined on Fri, Aug 15 2008
    • Posts 7

    Question [=?] Hoa deed restriction

    I need some legal advice as how to handle an hoa in reference to painting my house.

    ive been told that i cant paint my house any color that i want. that i have to abide by
    an old 1991 color palette that the original builder used. I was told that if i paint my
    house any other color than that of the palette, i would be sued and a lien placed upon my property.

    The hoa is quoting the captioned deed restriction below.

    SECTION 3. The Architectural Review Committee shall have the following duties and
    a. To review and approve or disapprove all buildings fences, walls,
    pools or other structures which shall be commenced, erected or maintained upon the
    Property, to approve any exterior additions to or changes or alterations therein. Prior to
    commencement of construction of any of the above improvements, the Committee shall be
    furnished plans and specificaitons showing the nature, kind, shape, height, materials and
    location in relation to surrounding structures and topography;

    b. To review and approve or disapprove and such building plans and
    specifications, lot grading plans, landscaping plans, and other materials submitted
    pursuant to Article VI, Section 2 above. The Committe may disapprove the proposed
    improvement if, in it sole discretion, the Committee determines that the proposed
    improvement is inconsistent with the development plan formulated by the Developer for the
    property or lands contiguous thereto. Such decision of the Committee may be based purely
    aesthetic reasons;

    c. To require to be submitted to it for approval any samples of
    building materials or any other data or information necessary to reach its decision.

    Section 2. No building, fence, wall or pool or other structure shall be commenced,
    erected or maintained upon the subject property, nor shall any exterior addition to or
    change or alteration therein be made, (said works being hereinafter cumulatively referred
    to as "proposed improvements") until the plans and specifications showing the nature,
    kind, shape, height, materials and location of the same, shall be submitted to and
    approved in writing as to aesthetics, safety and harmony of external design and location
    in relation to surrounding structures and topography by the Architectural Review


    I interpret all of the above restrictions as requiring approval for additions i.e.: pools,
    walls, fence, building or other structures by submitting designs, plans, kind, shape, etc
    to be sure that it goes with the other properties in the subdivision. I dont see any
    specific mentioning of paint color. However,
    If paint color is included in the above restrictions, than i suppose that anything you do to your property would need approval i.e. roof color and type, windows, adding sidewalks,
    pavers, trees, shrubs, exterior doors, garage door, etc.
  • Fri, Aug 15 2008 11:40 PM In reply to

    • Jeeper
    • Top 100 Contributor
    • Joined on Fri, Jun 24 2005
    • Posts 494

    re: Hoa deed restriction

    First off, "ive been told" by whom?

    Homeowners' associations are in place to protect property values. They don't want you painting your house in a manner that could devalue your house and subsequently your neighbors' houses.

    And yes, that could be extended to some of the other elements you mention.

    Did you not read your HOA Covenants and Restrictions prior to purchasing your home?
  • Sat, Aug 16 2008 10:25 AM In reply to

    • ErnieB
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    • Joined on Fri, Aug 15 2008
    • Posts 7

    Angry [:@] re: Hoa deed restriction

    I was told by the HOA President.
    I bought this house at auction.
    My question was, where in the language does it cover paint color approval?
    and if it does where does it say that i have to use a particular palette/standard?
    it seems its up to the committe's descretion totally.
  • Sat, Aug 16 2008 10:30 AM In reply to

    re: Hoa deed restriction

    It IS totally up to the commitee's discretion.

    When you buy into an HOA you give up your rights to be independent and non-conformist.

    Even down to the color you paint your house as well as roof color and type, windows, adding sidewalks, pavers, trees, shrubs, exterior doors, garage door, etc..

    Sorry, but you aren't going to win this.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Aug 16 2008 10:35 AM In reply to

    • anon3
    • Top 100 Contributor
    • Joined on Wed, Mar 15 2000
    • Posts 528

    re: Hoa deed restriction

    "Homeowners' associations are in place to protect property values."

    That is the propaganda, the words said to make people comply to the rules. However, a HUD study done a few years ago proved that is not true.
    In my area, it is certainly NOT true, as shown by mls listings.

    They don't want you painting your house in a manner that could devalue your house and subsequently your neighbors' houses.

    Many associations are run by control freaks that use the ccrs, bylaws, articles of incorporation and the arc guidelines and rules and regulations to their advantage, making everyone else toe the line.
    It generally DOES NOT MATTER how YOU interpret the ccrs. They will generally take the narrowest view. If you are sure you are correct, you can find out if your state has an office that hears homeowners problems with associations. Not all states have them, but they are becoming more common. Here, it is the office of administrative hearings, I think, that hads that job. The filing fee is relatively small. One purpose is to give homeowners a reasonable opportunity to legally challenge the association without going to the expense of lawyer and court. Many of the cases here had been won by homeowners.

    As I see it, with the info you gave, the board (probably) does govern the colors. It might be the arc committee. Read your paperwork carefully to find out which.

    In my ass,the ARC said they had the authority to determine those things, but the docs say the Board controls the ARC. Some places, the ARC does have the authority.
  • Sat, Aug 16 2008 10:43 AM In reply to

    • anon3
    • Top 100 Contributor
    • Joined on Wed, Mar 15 2000
    • Posts 528

    More [=+=] re: Hoa deed restriction

    Sorry, I lost my train of thought.
    You do have the right to ask whichever to widen the pallette. Consider getting a petition signed by whatever per centage of the residents is necessary, and presenting that to the boar/arc committee.
    Be aware that owner apathy is a HUGE problem. Many people don't want to call attention to themselves, as many are "targeted" if they do, many don't want to be involved. Most people did not move there to "join a club" or go to meetings periodically. Most do not know they did not buy a house, they bought a share of a corporation, and must abide by the rules, or be fined.

    Several of us have tried to change the colors here, but it has failed every time. 3 of the board mambers said several times, in meetings, "We don't want YOUR color of house in OUR area, so you can't have OUR house color in yours."
  • Sat, Aug 16 2008 12:00 PM In reply to

    • ErnieB
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    • Joined on Fri, Aug 15 2008
    • Posts 7

    Sad [:(] re: Hoa deed restriction

    Well it seems im screwed. Its really amazing how the HOA president herself is in violation. She has installed brick pavers and slab as a driveway to the side of her house where she currently parks a car under a canopy/carport. She has added sidewalk around her house. She has installed a shed in the back of her property behind some trees. The carport is not allowed in the subdivision. The sidewalks and added driveway im sure would have needed the approval of the committee. And finally her shed is allowed but only if her yard is completely fenced in, which that fence must be approved by the committee also.
    ive thought about approaching her about these violations, and her sidewalk/driveway may not have been permitted. try to pursuade her to let my paint color go or ill just have to bring attention to her violations to the committee and the county as well.
    ive also feel like i am being selectively pursued. there are numerous other houses the same color as mine. and on top of that there are at least 20 homes of the maybe 100 homes that are painted other colors not in the palette.
    Can i threaten the HOA to notify the other violators or sue them for selective enforcement?
    I also found in the HOA deed restrictions that satellite dishes are not allowed. There are numerous homes with visible satellite dishes on their homes.
    i figure i can start a war on principle and what is right, or i can just repaint my house, flip it and move on. i sit here undecided, but leaning to just moving on.
  • Sat, Aug 16 2008 1:03 PM In reply to

    • anon3
    • Top 100 Contributor
    • Joined on Wed, Mar 15 2000
    • Posts 528

    re: Hoa deed restriction

    Florida has some new laws. On the yahoo group AZ-CHORE, there is a woman named Jan Bergeman I think, who is a florida homeowner advocate. You might consider joining that group, and doing a google search for her name. In fact, doing a google search for the name turned up http://www.ahrc.com/new/index.php/src/business/sub/dir/action/display/id/581

    You could take date stamped photos of all the violations, attach to them the appropriate ccr, MAKE copies, and (DO NOT threaten the pres) find out which group, the Board or the ARC controls the appearance of the ass, and find out how to get on their agenda. Get on for at least two items--one for your house color, one for violations of ccrs.
    Prepare your speeches, you may have only a minute or 3 (literally--read all laws, including state law) to plead your case, for your house color. If they refuse, consider presenting them with the COPIES of the photos you took, of the violations, and ask they _very politely_, in light of all these violations, if they would please reconsider permitting you to paint, or when will they begin enforcement on all these violations?

    You need to know that many ccrs state something like, "even if we haven't enforced ccrs previously, or against everyone, it doesn't mean we can't enforce them NOW, against YOU."
    However, courts are finally looking down on selective enforcement.

    Consider contacting Jan B, and joining the AZ-CHORE group to read what she has been up to.

    Do NOT threaten. You will get noplace, and may find yourself "targetted". Do document, and ask your questions, very politely. Follow up with letters.
    AS to suing, if you get a lawyer, get one who is not in community associations institute--CAI, or any of it's affiliates or spin-offs. Our state has one, I forget it's name. CAI is very anti homeowner.

    On the satellite dishes, the fed gov has recently ruled that hoas cannot bar them. I think that was about 2 years ago.
  • Mon, Aug 18 2008 2:36 PM In reply to

    • Ford
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Feedback [*=*] HOAs are like a mini-government . . .

    And the individuals usually don't win.

    The President's violations don't cure your potential violation.

    If you don't like how it is being run, you take it over. Get the governing documents and see the sections about the board, officers and elections.

    Even if the HOA is citing to that section and it isn't appropriate, the paint-scheme term is so common that it is likely just in the documents somewhere else.

    The feds made law on dishes a few years back because they can regulate the airwaves. Such prohibitions are struck as a matter of law.
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