QUESTION

My question is concerning the HOA board in my community. The HOA has disided to paint the exterior of our community four very dark shades of gray.

Asked on Sep 27th, 2017 on Real Estate - California
More details to this question:
Mind you our new vinyl fencing is a beige color and it absolutely does not pair well with any shade of grey. Many people in the community are extremely dissatisfied with the color and feel that the board should stop painting and reconsider other options of color that would work with the fencing. A poll was also taken on the neighborhood website and there was an 93% of people that dislike the current color scheme. 5% who did not really mind and a 2% who actually liked the color scheme. We all know the 2% of the people who liked the color scheme are 2 of the 5 board members who actually choose the color. We had a board meeting last week and this was the only subject up for discussion. Unfortunately the board took over the whole meeting basically dictating that we are stuck with the Grey. Then when the community was finally able to speak the board members walked out. They told us we were just have to get used to the Grey color. The painting continues & people of up in arms. TY
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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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

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