HOA attorney and pres made up unwritten rules at appeals meeting.

4 Replies

I had an appeals meeting with my HOA board that should have been, unbiased. When my wife and I entered the room, the whole board was present minus one being late, one on Zoom and the HOA attorney.

After painting my house ALABASTER WHITE, the ARC reviewer sent me a denial letter stating a specific REASON: "No white body paint nor brick paint." (notice the letter does NOT say the reason for denial was that I did not get prior permission.)

I prepared 30 days of notes and pictures to fight the reason stated on my denial letter. I showed the HOA board pictures of other white houses (body and brick). The Board denied approving some and said I didn't know their situations. I showed approval letters and went one by one of each house, explaining the situations. I met and spoke with each homeowner with white paint and NONE had violation letters as I received.

Once I showed the pictures and approval letters, the HOA lawyer piped up and said: "Well, your house color, ALABASTER, isn't allowed." I asked, "Where is that written?" The lawyer responded, "It's not, and doesn't have to be." My reaction...WHAT???

The HOA president told us they didn't allow Sherwin Williams color paint between 256 and 266 range. The house they approved (with approval letter shown) painted his house with paint 257, falling within that range. But I was told it's not allowed??

I also informed the HOA at my appeals that picture #5 in the notebook never asked for permission and just painted in hopes to get away with it. He never received a violation letter.

The next day, the HOA board voted against me and NEVER gave a reason why I didn't win the appeals


I then received a letter from a different law firm representing the HOA stating I owe 4k for not repainting and after 60 days to fix the paint. We did fix the paint and still being fined 4k due in 30 days. HOWEVER, the letter I received had a DIFFERENT reason for being denied. 

Where my original denial reason was: "No white body paint nor brick paint."....this new letter says: As you know, yo made an unapproved modification to your home (not getting permission before painting). That WAS NOT the reason on my original letter. 

Originally posted by @Steve Rooney :

I had an appeals meeting with my HOA board that should have been, unbiased. When my wife and I entered the room, the whole board was present minus one being late, one on Zoom and the HOA attorney.

After painting my house ALABASTER WHITE, the ARC reviewer sent me a denial letter stating a specific REASON: "No white body paint nor brick paint." (notice the letter does NOT say the reason for denial was that I did not get prior permission.)

I prepared 30 days of notes and pictures to fight the reason stated on my denial letter. I showed the HOA board pictures of other white houses (body and brick). The Board denied approving some and said I didn't know their situations. I showed approval letters and went one by one of each house, explaining the situations. I met and spoke with each homeowner with white paint and NONE had violation letters as I received.

Once I showed the pictures and approval letters, the HOA lawyer piped up and said: "Well, your house color, ALABASTER, isn't allowed." I asked, "Where is that written?" The lawyer responded, "It's not, and doesn't have to be." My reaction...WHAT???

The HOA president told us they didn't allow Sherwin Williams color paint between 256 and 266 range. The house they approved (with approval letter shown) painted his house with paint 257, falling within that range. But I was told it's not allowed??

I also informed the HOA at my appeals that picture #5 in the notebook never asked for permission and just painted in hopes to get away with it. He never received a violation letter.

The next day, the HOA board voted against me and NEVER gave a reason why I didn't win the appeals


I then received a letter from a different law firm representing the HOA stating I owe 4k for not repainting and after 60 days to fix the paint. We did fix the paint and still being fined 4k due in 30 days. HOWEVER, the letter I received had a DIFFERENT reason for being denied. 

Where my original denial reason was: "No white body paint nor brick paint."....this new letter says: As you know, yo made an unapproved modification to your home (not getting permission before painting). That WAS NOT the reason on my original letter. 

HOAs are run by people that were beaten up as kids and are trying to get back at the world. You lose. You can't win. No court will hear the case.

Why people agree to buy in an HOA is beyond me. What, you expected sympathy? Well, you poor thing. There, Now man up and put your house on the market and live where you can be free. First paint your house purple, then move.

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As usual..I get immature responses. Losing battle? I have all the proof. If you read my post, there was new details. I hope you don't teach your kids to give up and not fight the good fight. Please be a lawyer and not simple investors answering.  

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