Ask a real estate pro: Can HOA change rules about paint color for our house?

Q: Two years ago, we filled out the appropriate form with paint samples for the house, trim, and a new roof and submitted it to our community association, which the board approved. Recently,  the new board president sent us a letter telling us that although we were approved in April 2022, it was incorrect, and when we needed to paint again, we could not use the paint color that was previously approved. Can a new board change its mind after the fact and prohibit us from touching up our paint or repainting our house in the same color in the years ahead? — Blan

A: Homeowners associations can only tell residents what color to paint their homes if their declaration of covenants allows it.

If the declaration has a range of colors, the board or architectural committee must follow those rules and let owners pick from those options. They cannot do so if the declaration does not expressly give the board the power to choose colors.

In my practice, I have encountered many associations enforcing rules in good faith that the board thought existed because “that was the way it was always done” when they did not have the power to do so.

Carefully review your community’s formative documents to see if your community even has the right to enforce color schemes.

If they can and your color is on the approved list, you can stick with it.

The rules agreed to in the declaration govern what residents can and cannot do and are not dependent on who happens to be serving on the board of directors.

However, if the documents do not allow your association to pick colors, it cannot start now. If the prior board incorrectly allowed you to paint your house an unapproved color, the new board cannot force you to repaint your house now.

While you should be able to touch up and maintain your current color for years to come, when it comes time to repaint your house, you will need to abide by the procedures and choose from your community’s approved colors.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.