OT Can an HOA do not approved a color scheme in official list?

[kiki]

Hi. i have been a member for 14 years! but haven’t posted in probably 7 although i always come to see Rich’s reports.

I came back to post to get some opinions and have a sanity check.

I live in a gated community so I have a fun HOA to deal with. Normally I tried to follow the rules but I am in a position where HOA is testing my limits.

I need /want to paint my house. I looked at the official approved color scheme list and picked a color scheme I liked and submitted for approval.

They replied that the scheme I picked changed (although one house has that color and the official list still has the original scheme published so not sure where it changed)

In any case, they gave another scheme and say if we are ok they will advise the committee and they will provide approval. So, I agreed with the new scheme… but they still didn’t approve.

They asked for a picture of the outside. We provided. They gave us the rendering of how my color scheme will look like on my house and say that that is the approved scheme but they recommended us to use an alternative scheme (totally different color) because my roof is red (warm) and the scheme I chose were cool colors – the email gave the impression I could choose. I said ” I like the approved one”. They still didn’t approve.

This time said I needed to paint swatches on the wall so they could see how it looks. I did and still liked the approved color. I told them i wanted to be present when they look. i met the neighbor working on the board and she said is gray. i said yes, and i like it. i also painted their alternative and told her it was too green and i didnt like it. She asked what would i changed? I said nothing , i liked this approved color scheme. She left. HOA came back saying it is not approved.

Now their latest communication from the Architectural Color Specialist (the neighbor) is saying quote “the color has to be right for the particular house style” and the board is concern with selection. And gave me a totally different scheme( I wanted gray with blue accent) and they offered cream with brown accent).

We have been going back and forth for almost a month now. Is this normal? I want to comply but this seems a stretch.

I looked at the CCR and it only says Board must approve the colors. No further direction or guidelines on what bases they approved.

Again I am asking to approve a color in their approve scheme list. Before I replied to them I want to get some outside perspective, if you were in my situation would you fight back? and could i win?

Sorry for the long post.. this is how long the color picking is taking .. urghh

[spdrun]

(1) Don’t live in an HOA-infested area if you don’t like dumb fuck rules

(2) See #1

[Coronita]

With my old house that was also under a HOA, yes technically you were only allowed to paint your exterior with one of the color schemes in the community. And if you wanted to change your color scheme (like I wanted to), yes, you did need to submit the color scheme you wanted to the hoa board along with a letter with all your neighbors signing saying they know about your change (they don’t have to agree to it, but at least they would know about the plan and could file grievances)…

That said, my HOA was really loose, and they never really enforced it. I know a bunch of houses that just ended up painting whatever the hell they wanted and no one in the neigbhorhood cared (or if they did, they didnt try to pull a Karen and give anyone a hard time)

Sounds to me you have an anal retentive neighbor that happens to also be on the hoa board. I’m sorry. What is the name of your HOA if you don’t mind me asking?

[Coronita]

[quote=spdrun](1) Don’t live in an HOA-infested area if you don’t like dumb fuck rules

(2) See #1[/quote]

Useful advice as usual… NOT.

[spdrun]

It’s quite useful — there’s no reason to have an HOA in a home that doesn’t share walls or a roof with other homes. Hope whoever made the decision to be full-on fascist about something as trifling as trim colors gets COVID and ends up suffering like Boris Johnson.

[Coronita]

If you say so.

[kiki]

Coronita,
I understand that I am only allowed to paint the exterior with one of the color schemes. What I am baffled at is the fact they won’t approved a color from their approved list so the question is do you think I any chance to win if i fought back.?

is B E R N A R D O P O I N T corner of Alva and RB road.

I already work full time and have 2 small kids that i have homeschool I don’t want to waste my time if HOA will win regardless of how illogical they are.

thank you

[kiki]

spdrun

Even though I wanted to add (and thought of) many adjectives during this whole ordeal and I confess I laughed a little at your last comment. Reality is, I don’t wish harm to anyone.

I just want world peace and common sense but I guess I am just a dreamer or a fool.

[Coronita]

[quote=kiki]Coronita,
I understand that I am only allowed to paint the exterior with one of the color schemes. What I am baffled at is the fact they won’t approved a color from their approved list so the question is do you think I any chance to win if i fought back.?

is B E R N A R D O P O I N T corner of Alva and RB road.

I already work full time and have 2 small kids that i have homeschool I don’t want to waste my time if HOA will win regardless of how illogical they are.

thank you[/quote]

Usually I find the best way to deal with the HOA that is giving you an unnecessarily hard time is get a friend who is a lawyer to send a brief letter with their law offices letterhead to the HOA asking what the problem is. Doesn’t have to be elaborate, just a few sentences You could even write it yourself and just ask your friend to send it. Then they usually shut up. I did this with my HOA one time and I also did this with an insurance company that refused to pay me liability claim. I wrote the letter, asked my then neighbor is a partner at a law firm to review it, he send it on his stationary. And poof HOA problem gone and insurance paid the claim.

If you don’t have such a friend, I would check with your employer. Some large employers offer employees free legal services and consultation and even offer to do minor paperwork for free. Part of the many benefits you might havr told by HR but you probably slept through thinking it doesn’t apply to you. Employees of UCSD medical have such an employee benefit as a friend of a friend was trying to dispute a ridiculously large SDGE bill that they did not rack up. So again you can draft the letter and ask them to send it.

If that also isn’t an option, there are plans called “legal insurance” or something like that which for monthly subscription I thinks allows you to get such a letter written. And sometimes that’s what it takes. Just a stupid piece of paper from a law firm, and then the HOA sings a different tune. Keep in mind most of the HOA board mbers are homeowners in the hood and really don’t want trouble. So many of the Karen’s that like to flex their powers quickly shutup once lawyers start to get involved or the appearance of lawyers will be getting involved.. Your goal is to try to appear you will go postal without spending a lot of money to actually do it. Hey, I hate it too. But it’s just a game.

in life I think one probably need a few friends that are one of the following: a lawyer , a doctor, an accountant, a real estate agent, and someone really handy either techie or hands on.

that way you can sort of barter your services. I’m in the techie /handy category.

[kiki]

Coronita
This is actually great advice thank you. I do have a benefit from my employer, in fact a pay $3 extra every paychek for a little more benefits but never use them. I will give them a call.

In the country I am from I do know a lawyer, a doctor a techie and handyman. I am living in the United States for 16 years but is harder to make friends LOL. Need to start working on it.

Thank you a bunch!

[Coronita]

.

[Hobie]

Piggybacking on Coronita comments, use the words ‘ arbitrary, selective enforcement ‘ in your letter.

” While other homes currently are painted similarly, your decision appears to be arbitrary. By denying my color scheme it appears the ARC committee is selective in its enforcement of it’s policies.”

Take a look at your HOA budget, you know the thing that gets mailed every year and gets tossed the same day. Look for their legal budget line item. Usually, the budget number is vastly under estimated for any kind of legal involvement.

So as C mentioned, your legal threat carries a lot of weight.

Another tactic is to paint your colors and stall them off when they try to enforce. 1. getting bids 2. new painter quit 3. painted new wrong color 4. covid quarantine.

Get the idea!! Of course, this tactic you will have to comply to their colors however.

[Hobie]

Another tactic is to get them to add your color scheme to the master list. Make friends with the crazy lady ‘color specialist’ or whatever and find out the process they used to determine the approved colors.

Maybe a simple letter from an architect supporting your position and including something like “it will enhance property values” would do the trick.

Options…

[Coronita]

actually, if you’re not white , I’d even insinuate that in the letter too.

Example:

“Is this selective enforcement happening because I’m Asian?”

Just kidding. well sort of.

I do have another story to tell you about the HOA. One time, both me and my property manager got thrown out of an HOA board meeting, shortly after the HOA Karen President said my property manager couldn’t be there and turned to me and ask me something to the effect “why can’t you speak for yourself, do you speak English?”

I smiled and said no thinking “I got you now , you idiot bitch. because of what you just said in front of everyone, including property management company’s rep and a Vietnamese homeowner that was also there to witness it.

My property manager the next day crafted a very nice letter to the HOA’s management company’s rep about discrimination and lawsuit and oh boy were they nice to me for awhile. And every opportunity I could, I would bring up that incident again. When they cited my tenant for using a removable cloth drying rack outside the patio because it looked unsightly and apparently against his rules, I whipped up the CA law that said drying racks are legal now and HOA rules can’t ban them, no different that satellite dishes. And I kept asking them was their illegal enforcement because I was Asian? It went on like this for a year lol…
And there was a time when they wrote my tenant up for a violation notice, and I got fed up and used the “is it because I’m Asian?” line.

But what really helped was the last letter I sent to them
“By continuing to harass me and my highly professional tenant, you are causing irrevocable damage as my tenant is considering terminating the lease. I will be holding the HOA financially responsible and if that happens, I will have no choice but to lower my income standards for leasing out my unit and opening up the possibility to tenants who can only afford my lease with a lesser amount from a Section 8 voucher. I will also consider removing my smoking restriction and consider allowing recreational use of MJ…. And since I am not a residence there, that is not of my concern.”

That shut them up for awhile too.

I have an awesome property manager that will go to bat for me all the time. It’s not the tenants that are usually the problem and why I need a property manager. My tenants generally are trouble free. It’s usually the HOA or the neighbor that refuses to pay a shared cost that is a problem and my property manager is a great advisor on what I should do in certain situations because he isn’t afraid of dealing with difficult situations.

[svelte]

Most of the HOAs I have worked with have been pretty reasonable.

Kiki’s sounds way over the top. As soon as they said you couldn’t have an approved color scheme, I think you have them cold.

One thing you may wish to research: many HOAs have CC&Rs that state all disagreements must first go to arbitration before they go to court, and that the homeowner must pay for arbitration. I know, been there done that.

In a case that seems pretty clear-cut, I’d probably pursue that anyway and then bill the HOA for the arbitration costs when you win. 🙂

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