I received a letter stating the color of my shutters violated the rules. I never painted them. They were the same color when it was inspected and the association never mentioned it in the disclosure packet. I told them it must be an error. In the meantime, I applied to have it approved. They never responded to whether the alleged violation was an error but instead I got notice my application was denied. I sent another letter citing VA 55-509.6 which states they are bound by the disclosure findings.and provided proof the home was the same color at inspection time. Now they say the original violation was closed and I have to appeal because my application was denied and it's now a new violation. What the heck? what can I do?
What's the VIOLATION the color of the shutters or the house?
HOA's - wouldn't go near them (as a buyer) with a 100ft pole!
sounds like u might have a lawsuit on ur hands unless u signed ur life away to thhem that u wont sue em either
The fact that they didn't previously notice the problem, doesn't mean they can't address it now. Paint the stupid shutters already.
Paint the shutters.
If they have/are fining you - then 1) paint the shutters and document the date you had the shutters painted to HOA standards - get an invoice for this as additional evidence. 2) Contact the HOA stating the violation has been corrected (provide a copy of the invoice) and request that any fines/liens levied be dropped since the violation was not caught during their inspection.
If they still refuse to cooperate, call your lawyer and have them draft a formal response and threaten suit. Since the violation has been corrected they have no leg to stand on.
Either way....paint the shutters.
There is exactly one thing to do here, and that is to objectively determine if it is more expensive in time and money to fight them or to have the shutters painted.
That's all that matters here. Your pride doesn't matter, nor does your injured sense of fairness. They are (probably) wrong to do what they're doing, and they're acting like jerks (assuming you're telling the whole story, which I reasonably assume you are), but you're going to end up banging your head against the wall if you think a lawsuit is in your best interest. I can practically guarantee that painting them would be cheaper in the amount of time you spend on the matter, even if you win the case and get reimbursed for attorney's fees, which is not guaranteed. In painting the shutters, you might lose the paint battle, but you'll have won the investment war by lowering the amount of time you spend on the house.
Incidentally, if this house if for a rental, you ABSOLUTELY don't want to get on the wrong side of the HOA. One retired or unemployed board member on a power trip will have more time to put to this than you do - and they can make what would normally be a good investment turn into a complete failure.
Sure, sticking it to them would certainly feel good. But if it costs more to do it, or if it sours your relationship with them for the future, then it's counterproductive to your goals as an investor.
I'll just beat a dead horse here.
Paint the shutters and live happily ever after.
You live in the complex, and the HOA is driven by the building members.
Don't burn bridges so soon in your tenancy.
Govern yourself accordingly.
Winning a battle doesnt mean you will win the war . Paint is cheap
You either paint or go after the seller in small claims court to recoup a $75 paint job. The HOA has all the leverage here.
Free eBook from BiggerPockets!
Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!
- Actionable advice for getting started,
- Discover the 10 Most Lucrative Real Estate Niches,
- Learn how to get started with or without money,
- Explore Real-Life Strategies for Building Wealth,
- And a LOT more.
Sign up below to download the eBook for FREE today!
We hate spam just as much as you
Join the Largest Real Estate Investing Community
Basic membership is free, forever.