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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37337
Experience:  16 years real estate, Realtor. Landlord 26 years
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Is it legal HOA to change the paint color of a community

Customer Question

Is it legal for a HOA to change the paint color of a community without any input by or notification to the resident owners? The painting was due as part of a long standing repainting program that occurs every seven years. It is reserved for and it includes the interior of the walls which demise the lot lines of the individual properties. The interior of these walls act as the walls for the individual units private outdoor living area in a 50 villa home community.
Putting individual taste aside, is appropriate for the HOA board to make a distinct change from beige to bright white without any consent or notice.?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year 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.

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If these changes in paint are only on common areas, then the Board has the authority to manage and maintain those areas, including choosing any paint colors as long as there is nothing in the Bylaws that requires them to put any paint color decisions to a vote of the members.

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But if there is some type of architectural review committee and an established procedure for choosing paint colors, then the Board would have to follow that procedure or any member could challenge their actions as improper by filing suit against them for breach of contract.

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thanks

Barrister

Customer: replied 1 year ago.
Each individual property is surrounded by a six 1/2 foot painted wall. The entrance to each property is a locked gate in that wall. The interior of each wall is private outdoor living areas, private swimming pool, and private gardens together with the under air structure. The interior of these walls are not common area in any way. They are included in the painting contract and have always been painted the same color as the exterior common areas, unless the individual homeowners choose something else at their own expense. Does that not change the situation ?
Expert:  Barrister replied 1 year ago.

It would depend on whether the actual wall was owned by the HOA as a common element, or whether it was owned by the individual homeowner as part of their deeded property. It doesn't have to be a common area, just a common element. So if the HOA owns the 6.5 foot painted wall, not the individual homeowner, then they can paint any color they want, subject to any CCRs or Bylaws regarding architectural or aesthetic considerations.

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If this was the homeowner owned wall, then it is their private personal property and the HOA wouldn't have any legal right to paint a homeowner's personal property unless there is a specific Bylaw that gives them that power.

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So it boils down to who actually owns the wall, not the fact that it is used to enclose a privately owned dwelling area of a homeowner.

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thanks

Barrister

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