Question:
I am the interim President of our HOA. Our covenants clearly state that any changes to the exterior of the home must be submitted and approved. We have a homeowner that painted their house an unsightly color that has all of the surrounding neighbors upset. It was not approved. They also have done other exterior changes without approval like adding a driveway and having an above ground pool. The pool is a simple fix as we will send them notice to remove. The driveway, while unapproved, is nothing that wouldn’t have been approved if submitted. The big issue is the house color. Our covenants do not have any specifics on colors but the board has been good about trying to keep changes aesthetically pleasing. This does not fit into that category.
As our covenants do not cover penalties, what are the options of the board in this scenario? We feel like they should have to either return it to the original color or to an approved color. How do we enforce this with no previous precedent?
– David
Answer:
Hi David,
We recommend first speaking to the homeowner about the community’s architectural guidelines to clear up miscommunication or misunderstandings that may have occurred. If the homeowner insists on violating the rules, kindly refer to your governing documents regarding what actions you can take.
Many HOAs impose fines but if that is not an option, you may also conduct a hearing. You may also revoke the homeowner’s rights and privileges if allowed in your governing documents. As a last resort, the HOA may also file a lawsuit. However, be careful as there are unenforceable HOA restrictions. Kindly review any local or state laws with your HOA attorney to ensure you are not violating any legislation.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
