Selective Enforcement of Paint Color in Pennsylvania HOA

Question:

I want to paint and clear coat my deck post to protect them. I want to paint same color as.the natural wood post.

HOA denied my request.

There is one hone in development that has white post. I told hoa they should make the owner white replace them if I can not paint.my post the same color that his is now. It a natural wood color.

Is hoa causing a legal issue?

 

 

Answer:

Hi,

It would seem like your HOA is enforcing the rules in a selective manner. Board members are required to enforce the rules consistently and uniformly, otherwise, they are in breach of their fiduciary duties. Make sure to point this out to the HOA board. Perhaps they simply overlooked the other home. That said, you should also make sure that owners are not allowed to paint their post white as your neighbor did as per the governing documents.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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