need help with a homeowner's association

[inthepink]

I live in the bay area of california and recently painted my home. the color scheme was approved by my homeowner's assn. (rose-beige, white trim, blue gutters) The painter told me the base would be "too bright/too pink" so we went with a lighter version of the same color. It's still too bright/too pink but good enough for me. The assn. contacted me and said they don't like the color and that it isn't exactly what they approved so it must be repainted at my expense. I have 60 days from 12/17/01 to do it. We met for a hearing last night - they admitted they do not want me to paint it what they approved either, because it will definitely be too bright/too pink. They want me to pick new colors. And, they want me to do test strips on the backside of my home - which they will then come to inspect and possibly approve. Again - the repainting is all at my expense. At this point they refuse to allow me 60 days from last night's hearing. It has been raining for several weeks here - as we all know you don't paint in this weather - but they insist. Do I have any recourse? I am a single mom and am trying to be cooperative (would even split the cost) but feel they are taking advantage of me.

 

[HomeGuru]

Dear Barbie Pink:
time to hire Ken the attorney at law.

signed,
GI Joe

 

[Tracy_Schofield]

Once you received approval you were granted a certain amount of time to complete the project. Since the color isn't as intendend and the board is requesting changes you should be granted sufficient time to not only fulfill thier request of allowing them to see the colors but in completing the project. And due to the weather conditions there may be something stipulated in your docs with regards to delays. Since the board had decided to be difficult personally I would paint it the colors they approved no matter how loud those colors are. They approved them. Your architectural standards should state any predetermined time frames for completing projects and the process for changes. You have a case against them due to weather and their requests. The last thing they want to do is incur legal expenses to fight a homeowner with no guarantee of recouping the expense. Not to mention the fact that you are all neighbors. There should also be a section in your CC&R's which grants the Board the right to use common sense in bending the rules under certain conditions. Make sure any requests you make are in writing; don't take thier word on anything, make them write it out. Also, tell them you would like the Association attorney to advise on this matter. You pay your fair share for his services and you have every right to ask for his opinion in a conflict with the HOA.

Good luck - Tracy