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04-20-2007, 03:53 PM
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Junior Member
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Join Date: Apr 2007
Location: Boca Raton, Florida
5 posts, read 3,171 times
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Freedom vs HOA's
I realize I am commenting on a very old thread but my HOA is contemplating restricting paint color choices for our home owners to a handful of colors selected by the board.
I just became a member of the board and I am very much opposed to this but I want to present my agrument in a reasonable and persuasive way. Any suggestions? And anyone who can or wants to play devils' advocate and agrue why we should limit choices go for it- it will only help me better understand the other side.
Thanks!
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04-20-2007, 05:12 PM
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Not a member
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Join Date: Apr 2006
673 posts, read 351,135 times
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Well, actually...
Actually is neither up to you or the board. If the Covenants and Restrictions do not explicitly give the board that right, then at best the board is bluffing.
I know because I called my boards bluff on this. It went to 3 attorneys. The board lost.
As to the bigger issue, I am building in a no deed restriction / no HOA neighborhood.
HOA are for the birds (snow birds.)
I had a lot of privacy and freedom in the condo I lived in Coral Gables. Underground elevetor to my floor (4 units per floor) and walked 3 paces to my door.
HOA? Jeez, insanity. Greed for power (perceived power, that is) nosy neighbors and constant bickering. Never again! 
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04-20-2007, 05:16 PM
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Not a member
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Join Date: Feb 2006
2,317 posts
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Quote:
Originally Posted by Classic1
I realize I am commenting on a very old thread but my HOA is contemplating restricting paint color choices for our home owners to a handful of colors selected by the board.
I just became a member of the board and I am very much opposed to this but I want to present my agrument in a reasonable and persuasive way. Any suggestions? And anyone who can or wants to play devils' advocate and agrue why we should limit choices go for it- it will only help me better understand the other side.
Thanks!
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There is no need for it to be iron clad. You can have a selection of colors but also allow a variation on the color chart with board approval. My guess is that very few will even ask. People who live in those places like to conform, that's why they live there.
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04-20-2007, 05:21 PM
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Shar-Pei Advocate
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Join Date: Dec 2006
Location: NY-FL->half-back TN to someplace I dream of.....
5,862 posts, read 4,516,864 times
Reputation: 2204
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Hoa-
Quote:
Originally Posted by Classic1
I realize I am commenting on a very old thread but my HOA is contemplating restricting paint color choices for our home owners to a handful of colors selected by the board.
I just became a member of the board and I am very much opposed to this but I want to present my agrument in a reasonable and persuasive way. Any suggestions? And anyone who can or wants to play devils' advocate and agrue why we should limit choices go for it- it will only help me better understand the other side.
Thanks!
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The good part- your neighbor cant paint his house some garish color- take some pictures of some houses with those colors (purple, orange, bright pink, etc.)- people will agree to stay with neutrals.
The downside- fines and condo commandos who enjoy nothing more than critiquing even slight issues.
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04-20-2007, 05:22 PM
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Florida & Military Life and Issues Moderator
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Join Date: Aug 2006
Location: Living in Paradise
5,700 posts, read 6,311,914 times
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IS all about your choices...  The individual makes a choice and must life with the decision. For some this is a feeling of safety, positive investment, goal oriented community, or just want standards that can be achieved any other way.
I like the freedom and my community does allow for that.... 
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04-20-2007, 05:22 PM
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Not a member
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Join Date: Apr 2006
673 posts, read 351,135 times
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True, but....
Quote:
Originally Posted by macguy
There is no need for it to be iron clad. You can have a selection of colors but also allow a variation on the color chart with board approval. My guess is that very few will even ask. People who live in those places like to conform, that's why they live there.
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Yeap, however, there are always nonconformists... like me.
Legally per FL statute 720 HOA and chapter 617 the above I wrote will hold, if push comes to shove the only recourse that the association has is to file for mediation by paying $200!
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04-20-2007, 05:23 PM
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Waiting to pick up the pieces from the crash
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Join Date: Oct 2006
Location: Key Largo
6,058 posts, read 5,065,954 times
Reputation: 1919
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Honestly I would prefer to see ugly colors than have to go to jail for "taking care" of horrible HOA members.
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04-20-2007, 05:57 PM
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Not a member
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Join Date: Apr 2006
673 posts, read 351,135 times
Reputation: 236
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Yeap
Quote:
Originally Posted by tallrick
Honestly I would prefer to see ugly colors than have to go to jail for "taking care" of horrible HOA members.
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That's why I left. 
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04-20-2007, 06:32 PM
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Senior Member
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Join Date: Apr 2006
Location: Tampa Bay
598 posts, read 564,457 times
Reputation: 156
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Right on!
Quote:
Originally Posted by jbravo
Actually is neither up to you or the board. If the Covenants and Restrictions do not explicitly give the board that right, then at best the board is bluffing.
I know because I called my boards bluff on this. It went to 3 attorneys. The board lost.
As to the bigger issue, I am building in a no deed restriction / no HOA neighborhood.
HOA are for the birds (snow birds.)
I had a lot of privacy and freedom in the condo I lived in Coral Gables. Underground elevetor to my floor (4 units per floor) and walked 3 paces to my door.
HOA? Jeez, insanity. Greed for power (perceived power, that is) nosy neighbors and constant bickering. Never again! 
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This is right on the money! You must go by your documents by law and they generally will have some standards spelled out as far as "keeping with the look" of the community and if by some chance it's not clear and the board wishes to change or amend, they have to put it to a vote of the membership (all the owners) in which case your docs will specify the percentage of votes required to change or add to those covenents. It really isn't the board's call... it's the docs and/or membership vote.
But after that, if you can go ahead with it I would say be very specific ie. these colors for trim, these colors for body etc. and have alot of choices or schemes for folks to choose from. It helps people feel lke they have some ownership of their place and also I think it gives the community a more natural look as a whole, rather than say every fourth house is the same blue... lol
Yes and I agree... HOA is for the birds  Never again for me as well!
Last edited by summergal; 04-20-2007 at 06:49 PM..
Reason: additional thoughts
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04-20-2007, 06:35 PM
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Senior Member
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Join Date: Mar 2007
Location: Jax
7,984 posts, read 7,326,571 times
Reputation: 2232
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Quote:
Originally Posted by Classic1
I realize I am commenting on a very old thread but my HOA is contemplating restricting paint color choices for our home owners to a handful of colors selected by the board.
I just became a member of the board and I am very much opposed to this but I want to present my agrument in a reasonable and persuasive way. Any suggestions? And anyone who can or wants to play devils' advocate and agrue why we should limit choices go for it- it will only help me better understand the other side.
Thanks!
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As mentioned, I think you'd have to add this provision into your CCRs, which will likely include a neighborhood vote and some attorney fees.
Since your neighborhood already has an HOA, I think this provision makes sense. We have a color palette in my neighborhood, and it keeps some cohesion. I would suggest a large choice of colors. For example, if you were going to choose earth tones, give a wide spectrum from the lightest near white color all the way through a deep chocolate brown. I would also include at least a few nice greens or blues that would complement the earth tones. A large selection allows for some individuality while keeping it all looking well together. Roof colors usually have some provisions too. Looking at some of the landscaping and other choices some of my neighbors have made, I am glad they can't paint their house any color they want.
Make sure you get plenty of feedback from the neighborhood - send out a questionaire, have a meeting or two - don't allow the board to make the decisions solo because that's not fair (and "good taste" doesn't come along automatically with being a board member).
My own HOA recently went and painted our front entry sign. It didn't need a paint job, they just took it upon themselves to use our money to change the color of our entry (it's not even one of our "approved colors"!). They think it looks luxury, I think it looks cheap. I think they were really out of line not asking for a vote on this. Don't let your board do that to your neighbors.
I'm not "pro-HOA" by any means, but these days if you want to build a new house, and if you go through a developer (because custom on your own lot costs much more $$$), you often have no choice - the HOA comes with it. So, I'm not going to debate whether HOAs are good or garbage here, you've already got one, so the decision has been made.
Bravo to you for being a board member who cares enough to question what would be good for all in your community!
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