Bad board make bad decisions. Unfortunately, the law gives HOA boards very broad discretion to make decisions, as long as they don't violate the CC&Rs.
Your only remedy is to go through the process of removing the board and replacing them by a vote of the membership. This will take at least 2 months. Then the new board can consult with the members and decide whether to spend the money to pay to repaint. This might require a special assessment. If there are enough members, it might be a modest enough assessment per unit, that the membership would agree.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Sep 28th, 2017 at 11:18 AM