If you live in a home or condo that's included in a homeowners or condo association, there are certain things you probably must do if you're going to do some work that may affect the look of your home.
What you can do with your property is often controlled by what is in the covenants, conditions, and restrictions (CC&Rs) that were recorded before you bought your property. Those are normally included as part of your Homeowner Association (HOA) documents, or "docs." You know that packet of 50 or so pages you received just before you closed on the purchase of your home. The boring and detailed material you should have read when you got home from work instead of just relaxing for a while.
The CC&Rs often provide what kind and size of animals you can keep on your property, where you can park your car, and what you have to do if you want to make additions or changes to your property. Usually, there's an architectural review committee (ARC) and specifications as to paint colors permitted for the exterior of your property. If you want to paint your home a different color, you have to get permission from the ARC. In some developments, the Homeowners Association enforces their rules like a drill sergeant if you don't comply with the decisions of the ARC. California case confirmed that it's expensive when you don't comply!
Take this example:
Mr. and Mrs. Stanton lived in a very nice development, and they decided that they wanted new casement windows on the front of their home. In the Stantons’ development, the ARC had a policy of maintaining a dark shade of brown on windows that generally faced the street of the development. The Stantons applied to the ARC for approval to permit them to install two sandstone-colored casement windows on the front of their home, along with an application to make other exterior improvements. The ARC denied the Stantons the right to install the sandstone casement windows. Notwithstanding the denial, the Stantons went ahead and installed the sandstone-colored windows! The Association then filed suit asking for injunctive and declaratory relief requiring the Stantons to modify or replace their windows and for the Association's attorney's fees.
So, who do you think won in the litigation, and how much were the attorney's fees awarded to the winning party? Of course, the association won, and asked for $83,0227 in attorney's fees and $4,298 in costs.
The trial court approved the costs, but cut down the attorney's fees to $59,122 plus the costs. The Stantons also had to replace the windows to comply!
So, don't forget to apply to the Architectural Committee for approval of your changes, and don't proceed without approval!
Sterling can be reached at [email protected]
What you can do with your property is often controlled by what is in the covenants, conditions, and restrictions (CC&Rs) that were recorded before you bought your property. Those are normally included as part of your Homeowner Association (HOA) documents, or "docs." You know that packet of 50 or so pages you received just before you closed on the purchase of your home. The boring and detailed material you should have read when you got home from work instead of just relaxing for a while.
The CC&Rs often provide what kind and size of animals you can keep on your property, where you can park your car, and what you have to do if you want to make additions or changes to your property. Usually, there's an architectural review committee (ARC) and specifications as to paint colors permitted for the exterior of your property. If you want to paint your home a different color, you have to get permission from the ARC. In some developments, the Homeowners Association enforces their rules like a drill sergeant if you don't comply with the decisions of the ARC. California case confirmed that it's expensive when you don't comply!
Take this example:
Mr. and Mrs. Stanton lived in a very nice development, and they decided that they wanted new casement windows on the front of their home. In the Stantons’ development, the ARC had a policy of maintaining a dark shade of brown on windows that generally faced the street of the development. The Stantons applied to the ARC for approval to permit them to install two sandstone-colored casement windows on the front of their home, along with an application to make other exterior improvements. The ARC denied the Stantons the right to install the sandstone casement windows. Notwithstanding the denial, the Stantons went ahead and installed the sandstone-colored windows! The Association then filed suit asking for injunctive and declaratory relief requiring the Stantons to modify or replace their windows and for the Association's attorney's fees.
So, who do you think won in the litigation, and how much were the attorney's fees awarded to the winning party? Of course, the association won, and asked for $83,0227 in attorney's fees and $4,298 in costs.
The trial court approved the costs, but cut down the attorney's fees to $59,122 plus the costs. The Stantons also had to replace the windows to comply!
So, don't forget to apply to the Architectural Committee for approval of your changes, and don't proceed without approval!
Sterling can be reached at [email protected]