HOA unwritten rule enforceable?

4 Replies

We painted our home Alabaster. Looks amazing. The ARC review fined us for painting first before the review. That is ok. However...

When they came out, they denied us because: "No white body paint color is approved nor painted brick." I showed the HOA board and their attorney several homes that have white body and painted brick. The property manager said she wasn't working in the neighborhood last August and that she wasn't the one who sent any approval letters. She also denied that I would have the homeowner's approval letter. Well, I showed everyone the approval letter with her name on it. Houses were approved for white body paint and brick.

The lawyer said, Alabaster is not an approved color. Hmmm....I asked, "Where is THAT written?" She said it doesn't have to be. She then tried to confirm that rule with the property manager??  The property manager said, I believe so, with so many homes in each section of the neighborhood, it would be too confusing to keep up with.  HUH?? 

I asked the lawyer, "So Alabaster is not an approved color...but it's ok on trim?" She hesitated and said, "Sometimes."

Again, the 4-corner law of my document states we were denied due to No White Paint is approved. I showed houses that are white with approval letters.


Forget the notion its Alabaster...4-corner rule applies here. 

Thoughts?

@Steve Rooney If you haven't figured it out yet, there is God, then HOAs in that order!!! all kidding aside, they gave way too much power. If I were you, I would hire an attorney that specializes in HOA law.

I sell and manage a lot of real estate and have seen, heard and dealt with all kinds of craziness with HOAs and COAs. Those bylaws and convenents govern everything you do. And once a condo commando crew get whiff someone did something other than what’s in those, they become crazed!!! good luck and make sure to share what happens. Wish i had better help

“No white paint” is contained “within the four corners of the document”….Alabaster is defined as a white color…the 4 corner doctrine doesn’t help you. 

Thanks! My case seems cut and dry. I proved them wrong and now they make up other things. This was just an appeals meeting. They brought a lawyer for what? We were looked upon as aready guilty.....crazy.

Wayne, other people painted their homes white. The color is irrelevant. Nothing says in the covenants that white paint is not approved. We don't have an approved list of colors. Alabaster is irrelevant here. Read the post again....

Why can't I paint white but you were approved to do so? 4-corners absolutely applies here. I showed proof of other homes painted white that were approved. The property tried to lie and hide the fact she didn't approve it. I had the letter from the homeowner. 

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