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My HOA recently wanted home owners to replace their shutters…

Customer Question
My HOA recently wanted...

My HOA recently wanted home owners to replace their shutters (houses about 12 yrs old) and gave the option to have it done through their contractor. We decided not to opt in because we do not believe our shutters are too faded and money it tight right now (husband going on SSI and I am laid off looking for work). We were not the only one's to opt out. Right before the work was to be done, we got another notice about the whole thing and that is when I started to get worried they were going to try and force us to make this "cosmetic" change. The work is now done and we got a 3rd notice stating they were giving us a maintenance notice after inspecting our home (which we do not believe they did) and we must replace the shutters by June 15th or they are going to do it and charge us. They are using the maintenance assessment and the statement "...maintenance, restoration, or repair of any Unit or the exterior of any home situate on any unit if, after notice from Association, any Unit Owner fails to properly maintain, restore or repair his unit or house". We take care of our home as much or more than any neighbor so our home is NOT is disrepair which is how I read our HOA agreement. We really feel it is a cosmetic change and they have no right to force us. Do we have any legal recourse?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I researched the shutters (just in case this happened) and found we can purchase them for much less. I just need to find a friend to help put them up for free. We thought of painting them but they want them replaced. My husband can't do it. We just got the 3rd notice today. They want us to fill out a Architectural change request form. It gives them 45 days to respond, but we only have 30 days to get the shutters replaced. We have done anything else.

Lawyer's Assistant: Where is the house located?

Perkasie, PA - townhomes connected in groups of 6 with extra mutual land

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 6 hours by:
5/7/2018
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

You can send a letter to the HOA objecting to the notice on the ground that you are being forced to make cosmetic changes to your property. That your property is not in the state of despair.

If the HOA ignores your notice, you can go ahead and comply with the notice, or file lawsuit against the HOA at your local Courthouse to stop the overreach.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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