Hoa deed restriction !!Pleae Help!!
I need some legal advice as how to handle an hoa in reference to painting my house.
ive been told that i cant paint my house any color that i want. that i have to abide by
an old 1991 color palette that the original builder used. I was told that if i paint my
house any other color than that of the palette, i would be sued and a lien placed upon my property.
The hoa is quoting the captioned deed restriction below.
SECTION 3. The Architectural Review Committee shall have the following duties and
powers:
a. To review and approve or disapprove all buildings fences, walls,
pools or other structures which shall be commenced, erected or maintained upon the
Property, to approve any exterior additions to or changes or alterations therein. Prior to
commencement of construction of any of the above improvements, the Committee shall be
furnished plans and specificaitons showing the nature, kind, shape, height, materials and
location in relation to surrounding structures and topography;
b. To review and approve or disapprove and such building plans and
specifications, lot grading plans, landscaping plans, and other materials submitted
pursuant to Article VI, Section 2 above. The Committe may disapprove the proposed
improvement if, in it sole discretion, the Committee determines that the proposed
improvement is inconsistent with the development plan formulated by the Developer for the
property or lands contiguous thereto. Such decision of the Committee may be based purely
aesthetic reasons;
c. To require to be submitted to it for approval any samples of
building materials or any other data or information necessary to reach its decision.
Section 2. No building, fence, wall or pool or other structure shall be commenced,
erected or maintained upon the subject property, nor shall any exterior addition to or
change or alteration therein be made, (said works being hereinafter cumulatively referred
to as "proposed improvements") until the plans and specifications showing the nature,
kind, shape, height, materials and location of the same, shall be submitted to and
approved in writing as to aesthetics, safety and harmony of external design and location
in relation to surrounding structures and topography by the Architectural Review
Committee.
I interpret all of the above restrictions as requiring approval for additions i.e.: pools,
walls, fence, building or other structures by submitting designs, plans, kind, shape, etc
to be sure that it goes with the other properties in the subdivision. I dont see any
specific mentioning of paint color. However,
If paint color is included in the above restrictions, than i suppose that anything you do
to your property would need approval i.e. roof color and type, windows, adding sidewalks,
pavers, trees, shrubs, exterior doors, garage door, etc.
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