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Homeowners battle HOA to keep their paint color choices

Many communities in California observe aesthetic standards established by homeowners' associations. The paint colors chosen by one couple in another state has pitted them against the homeowners' association. Both parties suing each other and headed to trial. The HOA wants the homeowners to comply with the earth-tone color scheme mandated for the community and remove the multi-colored stripes that the couple painted on their home.

Written communications from the homeowners have stated that they will only alter their color choices if forced by a court order. They believe that their colors match the community. Their court filings insist that the HOA does not enforce its rules equally across the community. The homeowners described the HOA as "parasitic" and are seeking a formal separation from the HOA. They also want their road maintenance fees reduced.

The lawsuit filed by the HOA seeks the removal of the unacceptable colors and asks for legal fees. The bylaws concerning home colors were adopted by the HOA five years before the couple moved into their home in 2005. Court documents from the HOA state that the homeowners did not submit their painting plans for approval as required. Statements from other HOA members have expressed concerns about home values.

A person involved in a neighbor dispute or HOA dispute might want to consult an attorney. A legal evaluation could provide perspective about legal rights when confronting an HOA or neighbor. An attorney might evaluate the covenants and bylaws applicable to the property and propose strategies for resolving the situation.

Source: Cody Enterprise, "Trial dates set for Cody Ranchettes house dispute", Leo Wolfson, Jan. 16, 2019

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