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Paint Colors
QUESTION: Our architectural committee selected horrible colors to paint the outside of our homes. The original palette looked liked various shades of diarrhea! They painted one courtyard and it's dreadful! Do homeowners have any recourse in this matter?

ANSWER: Common area decisions involving paint color, wallpaper, carpet patterns, artwork, etc. are always contentious. That's because beauty is in the eye of the beholder. Some people love muted earth tones while other insist on bright, bold colors. Some love traditional paintings while others love Picasso. Judges are not going to get involved in paint colors and lighting fixtures. They will defer to the board.

Board's Authority. Although members have no direct control over architectural decisions, they can recall the board and elect directors who support their preferences (assuming enough members agree with their position). Even so, if contracts have already been executed and work begun, it may be difficult to reverse the decision except at great expense.

RECOMMENDATION: Because it is impossible to please everyone, boards often come under heavy fire if they make aesthetic decisions without member input. Therefore, it is better to present such matters to the membership for a vote. Once a majority has picked a color scheme, owners in the minority are less inclined to rail against the board, file lawsuits and initiate recalls.

Adams Kessler PLC
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