Legal Question in Real Estate Law in Wisconsin
Home Owner's Association
We are currently selling our home in Wisconsin. We have had a difficult time selling the house which has already been on the market for 3 months. We have received some negative feedback from perspective buyers about the ''blue house'' which is located one house away from ours. The house is a shocking electric shade of blue.
The homeowners association is supposed to regulate house colors to be ''neutral''. Any color changes are supposed to be approved by the association. At the time the house was painted, there was uproar in the neighborhood about the paint job that was never approved. Although the subject was brought up at a meeting, nothing was ever done about it.
It seems that this blue house has reduced the value of our house and has made it more difficult to sell.
Can the Homeowner's Association be held accountable for not upholding the rules that are imposed on the neighborhood? Is there anything that we can do legally to recoup losses?
2 Answers from Attorneys
Re: Home Owner's Association
Hello, the facts are not entirely clear about who painted the house and why. My guess is that
is was painted blue and then you bought it. You could perhaps hold the association liable for not enforcing the rules, but maybe it did not have to if there was approval by membership of the paint job. Again, I dont have many facts to go so, so I cannot give an opinion you can rely on. Also, if you bought a blue house, I wonder if someone would argue that you didnt have to buy a blue house. Good luck, Mark J. Mahoney
Re: Home Owner's Association
The documents setting up your association and the relationship between it and the owners must be reviewed. If the documents require the association to enforce the regulations, you may very well have a right against the association. Sometimes the documents allow a single homeowner the right to enforce the regulations (a derivative right). If so, they may also answer the question as to whether you may be entitled to reimbursement if you go that route.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
