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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37814
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in a condo complex with approx. 156 units. About 10

Customer Question

I live in a condo complex with approx. 156 units. About 10 of those units have changed their window frames and windows to an almond color, they use to be dark brown or bronze. Out of those ten units about 6 of those owners got permission from the then serving HOA board. The others changed their window to that color which was approved by the board at that time without approval of the board. The new board who is in power now has changed their minds and told the owners who changed their windows to the almond color that they would have to replace their environmentally great windows to the old color. The one Board member told me that either change them back or paint them dark brow. You can't paint vinyl like this, it'll chip and look horrendous. Can a previous board approve something and the next board make the owners change what was approved by the previous board? If it cost some over $8,000 to put in , can the board make you change it just because they want another color. Now mind you, the previous board had approved most of the owners who changed the color. Also I seem to be the only one constantly picked on by parking in the guest parking. Everyone else parks there constantly. Bruce You g
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If the previous Board approved the changes, then the next Board would be prevented from changing the previous Board's decision if it would cause "damages" to the owners.
This is under the legal doctrine of "detrimental reliance" which basically states that if A takes a position and B relies on that position in acting, then A is prevented from changing their position if it will cause harm to A.
So the new Board can't retroactively revoke a previous Board's approval. It can only pass a new rule that applies from that point on.
If they tried to impose some type of penalty, then you could sue them for breach of contract because they are bound by the old Board's decisions when they were in power.