Legal Question in Real Estate Law in Florida

I can't get my home owners association approval to paint my house a brown shade. I am now on the submittal of my third color. I started with a medium brown and have each time requested a light shade. They disapprove the request stating that it is too dark and they won't approve a darker color than what I have already unless I paint a 2X2 square on the front of the house and gather the neighbors plus the architectural committee together an have all of them give me concurrence. I think this is ridiculous. The last color I submitted I attached a picture of a house around the corner in a different neigbhorhood and suggested that they go look at it since that would be better than painted a 2X2 square. They refused. What could they do if I go ahead and paint the house without their approval? Do you have any sugestions. I work full time and don't have the time to paint 2X2 squares on my house multiple times perhaps and gather up neigbhors to get their approval. This is ridiculous in my opinion. They only thing the convenants say is that you are required to submit a form with a paint chip for the committee to determine if the modification is in harmony with the neighborhood. Sorry to bother you with such a petty issue but all I want to do is paint my house a earth tone after living here for 10 years. I think they are going way above what was intended in the convenants which was to prevent eye soars in the neighborhoods.


Asked on 1/05/10, 5:20 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

These limitations are in the HOA documents. If you paint without approval you will face a lawsuit and end up paying their lawyer fees. That will take a lot more time than painting a 2X2 square -- which does not sound all that onerous. Do it on the weekend. It will not take long to do so.

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Answered on 1/10/10, 5:29 pm


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