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Paint Colors

My HOA citied me for having my trim painted as weathered brown the original paint color. They informed me that I needed to change the trim to a new approved color. I selected an approved color but in order to use it I needed to submit an architecture review form for the ARC committee. The options on the form required me to select a paint package requiring changes to the body as well. There were no body and trim color parings that I found appealing so I completed the architecture form and began work on the trim.
{I do not believe completing an ARC is somehow a legally binding document}
I received warnings about the body color not changing and the trim color taking too long to complete.
I completed the trim color informing the HOA that I intend to keep the body color the same. So now I am being fined for being out of compliance, even though I requested a hearing prior to the imposition of the fine (violation of ars 33-1805 – B) The CC&R’s do not specify paint colors but the governing documents do have a Architecture Design Committee . Is there case law that specifically deals with paint colors and ARC
enforceability of new colors?

1 Response

  1. Dennis Legere

    Andre,
    unfortunately, you are subject to the covenants that run for your community whether you like them or not. Part of that is the requirement to submit exterior modification for design review and approval. What your association is doing is totally unreasonable, however. Have you contested the violation directly to the board and asked for a hearing before the board on this issue? If not, do so today and request that the hearing be held in open session. Walk around your community and note every house that does not comply with the current paint scheme. You have a board of directors but most violation notices come from the community manager and not the board. Community managers are for the most part incompetent and have very little knowledge of the law.

    While I know of no specific case law relative to paint colors there are many high profile cases on the ability of the association to impose design standards and the limitations of those standards. The most significant are from the Nevada Supreme court Moretto v Elk Point and from Connecticut Appellate court Grovenburg v. Rustle Meadows. While those cases do recognize the indirect ability of associations to impose design standards not in the CC&R’s thru reference of an ARC, but that power is very limited. Your associations paint pallet is totally unreasonable and serve no purpose toward protecting the property value of the community, and would be considered invalid under the Restatement of Law property Servitudes and the cited court cases.

    Dennis

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