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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38906
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Our HOA board has started painting the exterior units in our

Customer Question

Our HOA board has started painting the exterior units in our complex without homeowner approval of the color change. Can they do this legally?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.


In which state jurisdiction is your property located?

Do you have a copy of your HOA declaration of covenants/CC&Rs available for me to review?

Customer: replied 1 year ago.
All I want is my response
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

The powers of an HOA are generally controlled by the declaration of covenants/CC&Rs. Typically, the HOA has the power to maintain the common areas of the property, which includes the exterior of a condominium complex. If the CC&Rs require that homeowner approval for the painting change is required, then the HOA's independent action would be unlawful, and you could sue the board to force them to repaint the property.

However, if the HOA provides for an Architectural Control Committee (ACC), or similar language in the CC&Rs, then the board could make a rule concerning paint color, and the only requirements would be that the proposed rule would have to be put on an agenda, so that members could come and object to the color change. After that, it would be up to the HOA to decide whether or not to make the change.

As you can see, there was a specific reason why I wanted to review the CC&Rs of your community. You can, of course, review them yourself, based on the information that I've provided, and then determine if the HOA's actions are lawful.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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