Question:
I am a homeowner in Louisiana. Because of water splatter our door rotted. We got a new door and painted our new door. A few months after completion, we received an email with a subject line of:
Subject: Jefferson Crossing #27 Exterior Door Covenant Violation 8.17 Exterior Materials and Colors 10.26.20
Never once did they send us the definition of 8.17. However, they provided the following.
“Section 8.17 was referenced based on the section title and intent for it to address both exterior colors and materials. It is unfortunate that the builder focused on the materials part in the text, but this does not change the authority of the board to approve changes stated in earlier sections.”
Earlier sections? We weren’t accused of violating ‘earlier sections,’ we were accused of violating 8.17 which has to do with Lava Rock, siding, etc..
Three weeks after, they changed the violation to “Approval of Plans by committee.” Well, the first line says after initial construction pursuant of 4.1 (which requires me to get a building permit) to paint a door?
My argument is a rotten door is not an improvement. It is Maintainence. In the CCR’s, 8.37 says, The exterior of each building located on a lot must be reasonably maintained, including painting any replacement of roofs, gutters, downspouts and exterior building surfaces and any other replacement including window, doors or shutters when necessary.
They have promised on multiple occasions to meet with us and wouldn’t. I asked for a legal opinion in which I was told by the property manager it was received and would be hearing from legal soon. Never happened and changed their story to the attorney is drafting you a letter and after you read his letter and you still want to meet, we will make that happen. The only letter I received from the attorney was a violation notification that we were in violation and to correct the door color or they will take us to court. We have never told them we would not change the color of our door; we just want an explanation why? There must be a reason they will not meet with us.
– Todd
Answer:
Hi Todd,
Many homeowners associations are required by their governing documents to hold hearings before disciplining or fining a homeowner for a violation. This allows homeowners to appeal decisions. It is important to check your bylaws and CC&Rs to see if such a hearing is required in your HOA.
It is also worth noting that HOAs generally do have the authority to impose architectural rules, including restricting paint colors for doors, exterior walls, etc. And homeowners have an obligation to follow these rules.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
