HOA's and Irreversible Changes

18,189 Views | 65 Replies | Last: 4 yr ago by CapeAggie89
jtraggie99
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So, I was having a conversation with someone I know the other day after seeing a house in my neighborhood last week where they were having the brick painted. Unless something has recently changed, our HOA does not allow brick to be painted. Now, I personally don't really care, and I admit they did a really nice job (white brick with black trim). But, I would never paint brick myself, simply do to the upkeep, regardless of how it initially looks.

But, it got us wondering, what happens when a homeowner does something against HOA rules that's pretty much irreversible? I mean, you're not getting that paint off, and I would assume, short of rebricking, your not reverting back to what it was before. Anybody ever heard how something like this plays out? Obviously, it's going to depend on how far the HOA wants to go with it, but I guess I'm just curious what they can actually do about it? I don't know how many times I've heard homeowners complain about being fined after they did something they did not get approval for and had to pay to change it back or do something else.
AgResearch
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In theory the paint absolutely can come off. It will be expensive. Knowing it's expensive, I assume the HOA will make them do it.
TMoney2007
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The HOA is free to do whatever the HOA agreement says they're allowed to do. If the fine increases per day at some point, it becomes cheaper to fix it, whatever that cost is.
Jason_Roofer
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Everything is reversible. It's just a matter of time and money. We've definitely had the "I do what I want" customers have to deal with this. This is why I always advise clearing things with the ACC prior to work. That said, I'm happy to do their roof twice If they want to roll the dice.

Hey that rhymes. I'm going to go ahead and use that now.
Flaith
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The white painted brick and black trim fad is really getting played out
OnlyForNow
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It can be pressure-washed off I assure you.
jtraggie99
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OnlyForNow said:

It can be pressure-washed off I assure you.
Ok, irreversible was maybe a tad strong of a word. So you've actually pressure washed paint off brick and mortar before? Just seems like it would be incredibly difficult to get every little bit of it off.
Aggietaco
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jtraggie99 said:

OnlyForNow said:

It can be pressure-washed off I assure you.
Ok, irreversible was maybe a tad strong of a word. So you've actually pressure washed paint off brick and mortar before? Just seems like it would be incredibly difficult to get every little bit of it off.
If water doesn't work, sand or glass beads certainly will...
OnlyForNow
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It would be, and it would change the original color/shade of the brick. But I'm talking a 4,500 psi pressure washer. Not something normal people buy at HD or Lowes.


And it'll always look UGLY, cause the brick is porous and will absorb some of the paint.
fka ftc
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The make gels / compounds to remove paint from masonry - power washing and sand blasting are both not recommended.

Best friend growing up is from a family of masons. The gel stuff removed graffiti and such in a flash. And to most masons, painting brick is sacrilege to them. They informed me a kitten killed every time a brick is painted.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
HDeathstar
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I know people that had to re-roof their house because they used the wrong useful life shingles. Looked good when they used the wrong ones and looked the same after they replaced them the second time.

Lesson: Follow the rules. However, some HOAs allow you to submit plans and if the board does not make a decision after so may days, you are free to move forward. Have to check your restrictions.
agcivengineer
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Im our HOA board pres, i sure hope no homeowners do something like that here to put that decision on me.

Its pretty stupid to do something like this, especially without getting ARC approval. Your making a very public statement that you dont care and daring the HOA board to act. Not a smart battle to pick. If you do it blatantly like that, i wont care how hard it is to fix, we are going down the path.


The HOA will likely send to attorney and then end up in court, or go through the fine process and then end up in court. I cant speculate as to who would win, as that likely depends on how the community guidelines are written.

TexDill15
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Just out of curiosity why would painting your brick be against HOA rules?? Yeah the white brick and black trim is wore out but it's not an eye sore by any means.

Or is that a blanket policy to keep people from painting their house lime green. And you can most likely get HOA approval if you submit your paint colors??
91AggieLawyer
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I think its time for legislation as to what HOAs can and can't dictate. I don't like painting brick. In fact, I hate it. But in some cases, for example, a fire, it is absolutely necessary. If the HOA agreement doesn't include any exceptions for things like this, what is a homeowner who can't find a matching brick product supposed to do in a rebuild?

Even absent necessity, I'm not in favor of overly restrictive property rights, even in cases where the homeowner was on notice of the existence of an HOA. One never knows how things will be enforced/interpreted nor how the HOA agreement may change over time.

At the very least, mediation/arbitration should be available (paid for by HOA) in situations like this where the homeowner can demonstrate a reasonable property right is being restricted, whether contract notice has been given or not. Its one thing to want yards mowed and fences to be generally maintained; its another to keep a property owner from doing what he or she wants to do with their property.

They bought it knowing the HOA was there? What about in cases of inheritances? Other gifts? If the HOA proponent is going to make the argument that "if we allow x, then we'll have to allow y," in terms of what is specifically in the agreement, how exactly do they respond to owners of property who never agreed to the HOA provisions in the first place? I know "heirs" are usually included in these deed restrictions but it isn't the same thing as one agreeing to being bound by the an agreement in the first place.

We're coming up on a period of a lot of transfer of property. This is going to become a big issue if it isn't already.
FincAg
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The previous owners of our old home spray painted the fake shutters while still attached to the home. We have tried some spray on graffiti remover with little luck. What sort of gel would you recommend?
fka ftc
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Let me ask what they are using these days. Whatever they used worked as they constantly were called in to remove stuff from schools, etc.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
Aggie71013
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My guess is this mainly impacts older neighborhoods where painting brick would have been blasphemy when the architectural guidelines were written. HOAs restrict color on many exterior modifications (roof, siding, fascia, etc. so it could easily be done for brick too.

In general most HOA rules are to prevent people from doing ridiculous things like painting shutters lime green and brick purple so their house looks like Barney. They end up being overly prescriptive because there are a lot of people out there who do ridiculous stuff.
YellAg2004
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President of our condo HOA here. Our HOA is responsible for all common grounds, the structures (including exteriors), carports, and more. We recently had an owner decide over the weekend that he was going to paint the brick exterior of his unit. He promptly received a letter to return the exterior to its previous/original condition. The following weekend he had his painter out there pressure washing the paint back off. Luckily he was successful, so we didn't have to figure out what the next steps would be if he wasn't successful. However, it likely would have been another stronger letter for him to continue his efforts until successful. The ARC process is clearly outlined in multiple places in our governing documents. His failure to know and follow the governing documents are his problem, not the HOA's.

As others have said, while most on here are likely good neighbors that don't have terrible taste in color selection, landscaping design, etc., the rules are in place for the other 98% of the population that thinks it's perfectly OK to paint their unit to look like a Taco Cabana. Or my our new neighbors who put a bunch of pinwheels and other dollar store **** in front of their unit that you normally only see in a trailer park.

I will readily agree that some HOAs are over the top in their enforcement, but you know how to change that? Volunteer your time and get on the Board so the busy-body Karen's of your neighborhood aren't running the show.
Ol_Ag_02
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agcivengineer said:

Its pretty stupid to do something like this, especially without getting ARC approval. Your making a very public statement that you dont care and daring the HOA board to act. Not a smart battle to pick. If you do it blatantly like that, i wont care how hard it is to fix, we are going down the path.




This attitude right here is why people hate HOAs and HOA boards.

Dare to go against us and our kingdom, then prepare to be crushed, pleb.

HOAs are evil. They're an assault on private property rights. You can never really own your home in Texas. Property taxes and corrupt HOAs will see to it.
agcivengineer
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Ol_Ag_02 said:

agcivengineer said:

Its pretty stupid to do something like this, especially without getting ARC approval. Your making a very public statement that you dont care and daring the HOA board to act. Not a smart battle to pick. If you do it blatantly like that, i wont care how hard it is to fix, we are going down the path.




This attitude right here is why people hate HOAs and HOA boards.

Dare to go against us and our kingdom, then prepare to be crushed, pleb.

HOAs are evil. They're an assault on private property rights. You can never really own your home in Texas. Property taxes and corrupt HOAs will see to it.




Not sure i follow. If you dont like an HOA, thats cool, dont move into a neighborhood with one. Its not hard to follow the rules which you agreed to when buying your home. Its also not hard to engage with your board members and discuss the issue either through the ARC process or informally. But if your going to give us the middle finger and ignore it as if the rules dont apply to you, then yes get ready to discuss the issue with the attorney. This isnt hard, unless of course you make it that way. I serve on our board for the purpose of ensuring a rational, reasonable board. Resident know ill talk to them just about anytime, ill visit their home and discuss it with them.
Ol_Ag_02
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agcivengineer said:

Ol_Ag_02 said:

agcivengineer said:

Its pretty stupid to do something like this, especially without getting ARC approval. Your making a very public statement that you dont care and daring the HOA board to act. Not a smart battle to pick. If you do it blatantly like that, i wont care how hard it is to fix, we are going down the path.




This attitude right here is why people hate HOAs and HOA boards.

Dare to go against us and our kingdom, then prepare to be crushed, pleb.

HOAs are evil. They're an assault on private property rights. You can never really own your home in Texas. Property taxes and corrupt HOAs will see to it.




Not sure i follow. If you dont like an HOA, thats cool, dont move into a neighborhood with one. Its not hard to follow the rules which you agreed to when buying your home. Its also not hard to engage with your board members and discuss the issue either through the ARC process or informally. But if your going to give us the middle finger and ignore it as if the rules dont apply to you, then yes get ready to discuss the issue with the attorney. This isnt hard, unless of course you make it that way. I serve on our board for the purpose of ensuring a rational, reasonable board. Resident know ill talk to them just about anytime, ill visit their home and discuss it with them.


And when they change the rules after you move in? You just get to take it. I mean hey, HOA members are really just benevolent do gooders. Reality is they know what's best for your house anyways so you should just do as they say.

It's a simple choose. Do as they say, or get ****ed by their attorney.

I've engaged plenty with the *******s running our HOA and ARC. But at the end of the day, they don't give a **** and will bend the rules for themselves and their friends.

Want a basketball goal, sorry get bent. Oh that one over there at the board members house. It's grandfathered. Want to hang a handmade swing in the front yard for your kids during Covid. Tough ***** It's front yard furniture and not allowed. Oh that front yard bistro table over there. Don't worry about it, it's where the ARC committee pill poppers sit while watching their kids play.

HOAs are evil. People that support them are busy bodies.

Ol_Ag_02
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TexDill15 said:

Just out of curiosity why would painting your brick be against HOA rules?? Yeah the white brick and black trim is wore out but it's not an eye sore by any means.

Or is that a blanket policy to keep people from painting their house lime green. And you can most likely get HOA approval if you submit your paint colors??


In our neighborhood the convenants didn't mention painting brick. So when word got out that one neighbor was planning on doing the white brick / black trim thing, they held an emergency meeting and amended the ARC guidelines before he could do it.

At the end of the day, the NIMBY HOA board and ARC members didn't like painted brick, so you don't get to have it homeowner. Their rationale was painted brick is a fad, and the homeowner would regret it. Stupid homeowner should know better than to think for themself.
AggieOO
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I hate HOAs. We have one, but they have largely ignored most things in the past. We just got a new president who apparently feels like she needs to flex her muscles. There was a sewer blockage. City came out and fixed it. Said they'd be back to level and lay sod, but could be a few weeks. HOA immediately gave our neighbor a violation and told him to replace sod.

There have been a number of similar "violations" since this woman took over.
Aggie71013
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Your neighbor should ignore the letter, wait for the city to fix it, and move on with their life.

The person the management company pays to drive the neighborhood doesn't know their specific scenario. They see a violation and note it. Ours goes out once a month. It's not like they're out there everyday with binoculars. They're not going to take someone's house from them for some missing sod.

Also as another poster mentioned for everyone that hates HOAs you should volunteer on your board or ARC. You can change things which is much more beneficial than complaining on the internet.
Ol_Ag_02
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I have no desire to be on the HOA or ARC. I want to be left alone in my house and to leave others alone. Anything more makes you a NIMBY.
agcivengineer
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Or just complain and not contribute. We get it. I didnt like how mine was being run, so i volunteered. Oh, and its not likely the HOA Board was able to just vote to change architectural guidelines, that usually requires a majority of residents to vote on and be in favor of, but i can see how you would be confused. Yes there are crazy HOA boards, no question, but there are also some really good people who are just trying to contribute to the betterment of their community.
Ol_Ag_02
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agcivengineer said:

Or just complain and not contribute. We get it. I didnt like how mine was being run, so i volunteered. Oh, and its not likely the HOA Board was able to just vote to change architectural guidelines, that usually requires a majority of residents to vote on and be in favor of, but i can see how you would be confused. Yes there are crazy HOA boards, no question, but there are also some really good people who are just trying to contribute to the betterment of their community.


Actually. Our ARC guidelines don't require any homeowner vote. The ARC proposes and the Board rubber stamps, no ****s given as to what the majority of residents want. Your have absolutely no knowledge regarding the rules in my HOA, but then again you wouldn't be a good busybody if you didn't insist on inserting your opinion on something you have no clue about.
Ol_Ag_02
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[You are done being rude on this forum. -Staff]
double aught
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Feel better?
agdaddy04
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You're being an ******* to a guy on an Aggie message board.
V8Aggie
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While they can be a pain in the ass, HOAs are absolutely necessary if you want your neighborhood to stay nice. Only take 1 trashy neighbor to ruin the curb appeal for your home and you have zero recourse without an HOA.

And no. If someone is that trashy, simply talking to them won't do a damn thing.
Flaith
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Some old bigot in our neighborhood didn't like the COEXIST/Pride-themed yard sign displayed by a lesbian couple, so he threatened the HOA with legal action if they didn't enforce the "No yard signs except for 1 week prior to and after an election" rule. Letters were sent out to everyone in the neighborhood.

This only pissed everyone off, and now every house has 2-3 signs in their yard (highschool signs, social advocacy, college fan signs, etc). We haven't heard anything since the letter was sent.
Aggie71013
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That's a strict sign rule. Reasonably they have to enforce the restrictions or it becomes unenforceable like trademark law. Unlikely the restriction would pass a lawsuit though since it's sounds like something they don't actively enforce.

With all the college, grade school, political, and seasonal signs that everyone has it's unlikely many neighborhoods actually enforce signs.
double aught
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V8Aggie said:

While they can be a pain in the ass, HOAs are absolutely necessary if you want your neighborhood to stay nice. Only take 1 trashy neighbor to ruin the curb appeal for your home and you have zero recourse without an HOA.L.
Disagree. I've lived in multiple nice neighborhoods. Somehow, none of them had a HOA.

And in the current real estate market, one trashy neighbor isn't going to hurt a home's value in the slightest.
V8Aggie
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You must be the trashy neighbor.
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