under color of authority

[danlpeters]

What is the name of your state?Virginia

Regarding architectural control, my CCR states:

“plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to workmanship, materials, harmony of external design and location in relation to surrounding structures and topography and all other reasonable factors which affect the desirability or suitability of the construction or alteration”

The Commonwealth of Virginia holds to a standard of strict interpretation of restrictive covenants, with ambiguity resolved in favor of the property owner.

Given these facts, does my HOA have the right to disapprove color selection on my house? If so, will my HOA prevail in a case challenging unapproved color change even though other houses in the neighborhood display the same color and go unpunished?

 

[HomeGuru]

What is the name of your state?Virginia

Regarding architectural control, my CCR states:

“plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to workmanship, materials, harmony of external design and location in relation to surrounding structures and topography and all other reasonable factors which affect the desirability or suitability of the construction or alteration”

The Commonwealth of Virginia holds to a standard of strict interpretation of restrictive covenants, with ambiguity resolved in favor of the property owner.

Given these facts, does my HOA have the right to disapprove color selection on my house? If so, will my HOA prevail in a case challenging unapproved color change even though other houses in the neighborhood display the same color and go unpunished?

**A: yes they do. Read your CC&R's.

 

[danlpeters]

I've read them and quoted the only lines that pertain. I do not see anything in the language that mentions color. Workmanship? Nope. Materials? Nope. Design? Nope. Location? Nope. Desirability? Maybe, but to whom? Ambiguety is resolved in favor of owner. And if color was an important relevant factor why wasn't that expressed, as all the other specific restrictions were?