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Are there any state rules that cover color of paint on duplexes ? Can one homeowner paint their half a different color?
Anonymous7 views2 answers
Our HOA is a duplex community. At this point all homes have the same color wall, trim and garage doors. We do not have anything in our Declaration or By laws anything addressing paint, although it does state that if any changes are to be made they must make a request to the Architectural Review Committee. We had one new owner paint her half beige while all others are white without getting prior approval (even though she was told that she must get approval first before painting)
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
Chapter 720 of the Florida statutes was revised two years ago to provide that a HOA cannot prohibit an alteration to property unless the alteration is prohibited in the governing documents (Declarations, Bylaws, Rules and Regulations). The only thing your neighbor didn't do, according to the facts as you stated them, was to get permission. A court might not rule favorably on that issue.
A review of these documents is in order to see if the ARB provisions provide any language in the process to direct an owner to Rules and Regulations or a color book for paint. Most HOAs have the authority to draft Rules and Regulations, so if they don't exist your HOA needs to get on this right away.
