Owners who intentionally install unauthorized windows that have not been approved by the architectural committee can be ordered to replace them.
In Chapala Management Corp. v. Stanton
, homeowners Thomas and Donna Stanton submitted an application to the architectural review committee to replace their windows with new ones with frames of a different color. Even though their application was rejected, the Stantons proceeded to replace their windows with the non-approved color. The association sued.
. The Stantons argued that the architectural committee's color standards were arbitrary
. The court found that the architectural committee had the authority to set aesthetic standards for the development.
The Stantons argued that the association enforcement was arbitrary and capricious because one other owner had replaced his windows with a non-approved color. The court disagreed. The association had a long-standing policy regarding colors and the Stantons intentionally violated that policy. The Stantons were ordered to modify or replace their windows under the approval of association's architectural committee.
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