Legal Question in Real Estate Law in Florida

My Hm. Is My Castle to Color!

Facts: Home located in subdivision with color restrictions enforced by Arch. Review committee. Notified that house needed painting but was then confronted by HOA pres. and threaten with fines and liens because I had not filed application for permission to paint. HOA has a list of approved colors. I don't like approved colors. Other owners painted without permission and were not cited.

Q Can I paint using a color of my choice? Can the HOA put a lien on my property over using a "non-approved" color. Can this regulation apply to some owners but not others?

A. Courts are reluctant to enforce restrictions on your use of your property in a lawful fashion. This is especially true if the HOA has allowed others to bend the rules and has not strictly enforced the CCR's. The ARC/Bd. must not act arbitrarily, capriciously, or selectively when enforcing the regs./rules. On the other hand, you knew what you were getting when you bought and you did not say whether the other owners chose an approved color, even if they didn't get an application to paint. Your house can be fined and liened. However, the real question is whether or not the HOA or you will win in court, if it goes that far. If they don't sue, the lien will eventually drop off after 5 years. It depends on the facts presented to the Judge as to who would win. Get affidavits from those owners who painted w/o approval; take pictures; show selective enforcement, etc. Alternatively, start going to HOA meetings; become involved; run for the board and change the rules.