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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111454
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I FEEL THAT MY HOA HAS UNFAIRLY HANDLED MY ACC REQUEST. THE

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I FEEL THAT MY HOA HAS UNFAIRLY HANDLED MY ACC REQUEST. THE COLORS I CHOSE ARE WELL WITHIN THE GUIDELINES OF THE STANDARDS OUTLINED FOR THE COMMUNITY. THE PROBLEM SURFACED TO PAINT MY 'OUT DATED' BRICK TO HARMONIZE BETTER WITH MY COLORS (GRAY WITH SLIGHTLY DARKER GRAY). THERE IS NOTHING IN THE STANDARD THAT SAYS HOMEOWNERS AREN'T ALLOWED TO PAINT BRICK TRIM. NOT ALL HOUSES IN THE COMMUNITY HAVE BRICK TRIM. THE QUESTION BECAME A BOARD ISSUE, AND THEY VOTED IT DOWN. DOESN'T WHETHER OR NOT ONE MAY PAINT THE BRICK ON THEIR HOME HAVE TO BE SPELLED OUT IN THE STANDARD FOR EVERYONE TO SEE AND ABIDE BY IN ORDER TO BE AN ENFORCEABLE ISSUE, OR MAY THE GOVERNING BOARD SIMPLY VOTE MY REQUEST DOWN? THE ACC HAS A ROOFING STANDARD THAT THEY CAN'T ENFORCE AND THEY HAVEN'T BEEN AT ALL CONSCIENTIOUS ABOUT ENFORCING THE FENCE STANDARD REGARDING COLOR. APPARENTLY, THEY INTEND TO START A NEW TREND OF CODE ENFORCEMENT WITH ME. A FACTOR WHICH I FEEL VERY ACUTELY IS THAT THE DECISION THEY MADE IS A PERSONAL ONE BASED ON THE FACT THAT I RESIGNED THE BOARD AND THEY ARE ANGRY WITH ME. THIS PROBABLY SOUNDS LIKE A GOOD PLOT FOR A SOAP OPERA BUT I FIRMLY FEEL THEY HAVE ABUSED THE POWER OF THE HOA TO AVENGE THEIR ANGER WITH ME. I AM SO UPSET I CAN'T REALLY THINK. DO YOU HAVE AN OPINION AND/OR SUGGESTION. I HAVE CONSIDERED THE 'NEIGHBORHOOD JUSTICE' AVENUE, BUT WHEN I CALLED THAT OFFICE THEY QUICKLY TOLD ME THAT WHATEVER DECISION MIGHT BE REACHED WAS NOT LEGALLY BINDING.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This is the problem with HOAs, they are often very arbitrary in their decisions. When a board takes actions on a matter that are not governed by their bylaws and they prevent an owner from doing something not prohibited by the bylaws, the owner's next recourse legally would be to file suit in court for a declaratory judgment to invalidate the board decision as being "outside the scope of their powers and bylaws and also being arbitrary and capricious."

The declaratory judgment action would be your next action if the board refuses to allow this and claims to have voted it down by the board, since the board cannot vote to disallow something that is not prohibited in the bylaws.




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