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Can the HOA make me repaint our house a different color?

Chandler, AZ |

I received a violation letter from the HOA stating that we needed to repaint the exterior of the house because it was fading. The HOA included an approved color palette. We repainted the house the same exact color as it was but the HOA said that they changed the color palette and they now want us to repaint it again. The HOA claims that we failed to wait for Architectural Committee Approval before painting so it is our fault. We believe that Architectural Committe Approval was not needed because we didn't change or modify anything. Painted it using the approved Dunn Edwards Paint with the same exact color scheme originally on the house. Can they force us to do this?

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Attorney answers 1


You will need a local lawyer to contact the HOA Board and demand a hearing per the HOA rules. If they are trying to "set an example" by punishing you for not seeking approval when you legitimately thought no such approval was required, you may be able to file suit for a declaratory judgment that you complied in all material respects with the HOA rules, and enjoin them from making you repaint the house.

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