I've got an HOA doozey for the lawyers in the room!!!!

[RangerNole]

I was begnnng to wonder if you live in the same HOA community as Free, since you’ve repeatedly mentioned having photo evidence of other violators who are not being harassed by th HOA.

HA HA. No I really hated taking those pictures since my goal or desire isn't to be the neighborhood tattle tale. At the end of the day it was really more of a see you denied me and here is the same thing we asked for. I did my best to make sure you couldn't tell what the address is etc. But at the end of the day I am not going to be treated differently than others. The worse part is while my yard etc look ok it would look so much better if they let me do the projects we requested. Oh well at the end of the day the HOA will lose and wonder why we didn't just work this out; and of course explain why they spent X in legal fees when we all could have just figured things out. Keep in mind we are less than 100 homes and only 8 in part of the neighborhood; that is a lot of wasted time, money effort for things that really are pretty simple.

 

[PoopandBoogers]

Im pretty shocked that Sherwin is sending out a rep. Where is he coming from? The local paint store or corporate? This could tell you a lot about how culpeable or not they feel.

This might be one of those situations where you make the introduction and then just sit back and let them duke it out with each other.

It seems that you have no fault in this and that everything falls on the hoa for either not liking the turnout or approving the wrong code, or the painter for not using the right paint. Which ultimately means they will probably split the cost of materials and you are on the hook for new labor.

 

[goldmom]

Sherwin does have area reps - I dealt with one regularly here in Jax

 

[FreeFlyNole]

On another note, nice minivan in the driveway ;^). Even Free turned in his mancard.

I like the colors. Looks caribbean.

That picture was actually take before we bought the house, see the open house signs in the yard? Ain't my cars.

 

[FreeFlyNole]

Im pretty shocked that Sherwin is sending out a rep. Where is he coming from? The local paint store or corporate? This could tell you a lot about how culpeable or not they feel.

Yea, he is an area rep. The store manager so far has been very helpful.

 

[62Nole]

Yes. It will darken as the sun goes down.

Really, I don't give a crap about the paint colors.
But why has no one asked how you got the street named after you?

 

[surfnole]

That picture was actually take before we bought the house, see the open house signs in the yard? Ain't my cars.

Excuses Excuses........

 

[62Nole]

So now I'm supposed to meet with the sherwin Williams guy and the HOA rep live at my house to talk about it. I think I'm going to go on the offensive.

You are talking now. Be sure and let them see that you are carrying.

 

[Bud Fox]

If you already know that some of the HoA is grumbling, you need to go on the offensive. Write them a letter raising hell about how you were given bad info from them and you - and your wife - hate how it looks. Make it clear to them that you expect them to pay to have their error corrected.

I say have SeaPA write the letter.

 

[Bud Fox]

I hear you Goldmom and we have seriously considered it. The issues for me are selling my home and moving cost money even though I would make money on the sale, my house will only go up in value and selling it now takes that away, I love my house it is perfectly situated with incredible views and then then of course is my inability to run from a fight. Why should I move because of a couple of a%%%% who are in the wrong and I have documentation they are in the wrong.

I strongly believe in the "it is easier to apologize than to ask permission" philosophy.

 

[littleitch1]

Just say this is the case, and I have to cover labor, since all the trim is done correctly, and the paint is covered, what percentage of the first job should I be looking to cover? In your expert opinion? 1/3 of the original price?

Free
I would think this breakdown could wrk, but i would run it by your painter first

Pressure cleaning 15%
Patching and caulking windows 10%
Paint materials 25%
Paint body labor 25%
Paint trim labor 25%

So $1250 for additional coat maximum on just the body

My approach would be to right out the gate ask each party “ what ya gonna do”?

Let them move your way, i would almost guarantee supplier at least provides paint for nothing

If that’s how that part goes down like that see what HOA will do

Check with painter first so you know his number

Then beat the HOA rep to cover the labor
Minimum i would accept is HOA pays half the labor

If it costs you another 600$ meh

Still beats paying a lawyer and the problem goes away

Both the supplier and the HOA are responsible in my book!

 

[Formerly Rockymtnole]

I still don't see how SW did anything wrong here.

And even though they may have selected the wrong paint mix, I seriously doubt the HOA will agree to pay anything. That's a Pandora's box they just won't open. They're going to say they're not paint experts and it's up to you to get a sample, paint it on your garage and see how it dries, if you like it, etc.

 

[FreeFlyNole]

Free
I would think this breakdown could wrk, but i would run it by your painter first

Pressure cleaning 15%
Patching and caulking windows 10%
Paint materials 25%
Paint body labor 25%
Paint trim labor 25%

So $1250 for additional coat maximum on just the body

My approach would be to right out the gate ask each party “ what ya gonna do”?

Let them move your way, i would almost guarantee supplier at least provides paint for nothing

If that’s how that part goes down like that see what HOA will do

Check with painter first so you know his number

Then beat the HOA rep to cover the labor
Minimum i would accept is HOA pays half the labor

If it costs you another 600$ meh

Still beats paying a lawyer and the problem goes away

Both the supplier and the HOA are responsible in my book!

I spoke to the painter today, he's a good dude, he gave a worst case senerio price for labor only that I can deal with. We shall see how all the other fleshes out.

 

[FreeFlyNole]

I still don't see how SW did anything wrong here.

And even though they may have selected the wrong paint mix, I seriously doubt the HOA will agree to pay anything. That's a Pandora's box they just won't open. They're going to say they're not paint experts and it's up to you to get a sample, paint it on your garage and see how it dries, if you like it, etc.

The HOA didn't tell me that color selection was up to me. They said "Here are the color codes"

SW is the contractor on file, they are supposed to deliver pre-approved and existing colors that the neighborhood both already has and approves.

Also, the neighborhood is in the process of added 100 more units that are under construction right now. They have that contract, I'm sure they want to keep it.

 

[littleitch1]

I spoke to the painter today, he's a good dude, he gave a worst case senerio price for labor only that I can deal with. We shall see how all the other fleshes out.

We’re my estimates close?

 

[Nolomite]

A-hole comment...but potentially great for the potential of this thread.

 

[FreeFlyNole]

We’re my estimates close?

Yea. Pretty close. He was a bit cheaper.

 

[RangerNole]

Not to steal Frees thread. So my HOA/Management company sent me one of their standard we are going to fine you, lien, court, etc. It was over stuff that we had settled at least 8 months ago. We promptly replied with all the documentation where they stated there were no fines etc. and of course they replied with Oh yea never mind, all those fines are no longer happening. We filled out all our paper work and should be filing our law suit in the next week or so. Now I just need to decide on whether or not I send them a copy of all the photos, surveys etc. and tell them this is being filed at the end of the week; unless you can agree to our terms. I would rather avoid court; but maybe they just prefer wasting money and time of people.

 

[FreeFlyNole]

Not to steal Frees thread. So my HOA/ Now I just need to decide on whether or not I send them a copy of all the photos, surveys etc.

Do it... fight through the ambush...

 

[littleitch1]

Yea. Pretty close. He was a bit cheaper.

That’s the GC in me!

 

[littleitch1]

Not to steal Frees thread. So my HOA/Management company sent me one of their standard we are going to fine you, lien, court, etc. It was over stuff that we had settled at least 8 months ago. We promptly replied with all the documentation where they stated there were no fines etc. and of course they replied with Oh yea never mind, all those fines are no longer happening. We filled out all our paper work and should be filing our law suit in the next week or so. Now I just need to decide on whether or not I send them a copy of all the photos, surveys etc. and tell them this is being filed at the end of the week; unless you can agree to our terms. I would rather avoid court; but maybe they just prefer wasting money and time of people.

Ranger, maybe i missed something

I think i read where they sent you a lien notice over something that was resolved 8 months ago

You informed them of that and they agreed that those fines were not happening

I’m confused what are you suing over?

 

[RangerNole]

Ranger, maybe i missed something

I think i read where they sent you a lien notice over something that was resolved 8 months ago

You informed them of that and they agreed that those fines were not happening

I’m confused what are you suing over?

That is correct and this was another letter with the same BS we already resolved. Now we are suing over their failure to remedy the drainage issue that the POA and their lawyers said in writing they would fix and was not our issue, a fence on our property that they say they have an easement on which they do but that doesn't allow you to put a permanent structure on my property and thus take away a portion of my property and then since we are having to spend money lawyers and court fees we are suing for harassment with the basic premise that we have asked to do projects for multiple things and denied; however there are several properties with the same exact things we wanted to do. The whole thing is a waste of time; but I am also not going to be pushed around and harassed constantly. The POA also raised our fees after hurricane Mathew with a verbal we will lower then once we build up our reserves, when there are guidelines in the convents for a specific or special assessment. You can't just say hey we are raising fees and will lower them we promise. I could go on but that is a bunch of the stuff.

 

[SeaPA]

That is correct and this was another letter with the same BS we already resolved. Now we are suing over their failure to remedy the drainage issue that the POA and their lawyers said in writing they would fix and was not our issue, a fence on our property that they say they have an easement on which they do but that doesn't allow you to put a permanent structure on my property and thus take away a portion of my property and then since we are having to spend money lawyers and court fees we are suing for harassment with the basic premise that we have asked to do projects for multiple things and denied; however there are several properties with the same exact things we wanted to do. The whole thing is a waste of time; but I am also not going to be pushed around and harassed constantly. The POA also raised our fees after hurricane Mathew with a verbal we will lower then once we build up our reserves, when there are guidelines in the convents for a specific or special assessment. You can't just say hey we are raising fees and will lower them we promise. I could go on but that is a bunch of the stuff.

So it sounds like you just want to waste money and people’s time.

 

[littleitch1]

Gotcha!

 

[littleitch1]

Whose easement is it?

 

[RangerNole]

Whose easement is it?

POA covenants state they have an easement for a number of reasons which we don't dispute. One of the reasons they have the easement is for security. Our issue they have put a fence that they won't maintain on our property; thus we have lost portion of our property. Honestly it is not that big a deal for us, but since we have other issues we can include it as well. If they would let us have the landscaping etc. we want that others have and address the massive pond in front of my house whenever it rains we would be good.

 

[Bud Fox]

So it sounds like you just want to waste money and people’s time.

No, he wants his pound of flesh. They have wasted his time and have hindered his plans to improve his personal property for no good reason.

I am 100% the same way Ranger.

There is a right way to handle things, and a wrong way, and it seems to me that the HOA in Ranger's neighborhood has consistently chosen the wrong, petty way.

Sue their asses.

 

[littleitch1]

I like your approach

Throw as many things at them as you can justify

See if that gets them off their butts to start treating people right!

 

[2noles1cup]

Why didn’t you just go find similar colors yourself. Then present them to the HOA?

Also, did they use a gloss finish?

May be better off with a matte finish for exterior residential, IMO.

 

[surfnole]

Jimmy Buffet wrote a song about this. Called them Condo Commandos. These are retired people who were semi-bigshots in XYZ company in Ohio or Detroit and come down here to retire. They get bored and have nothing better to do than look for infractions.

I would love to buy an oceanfront condo one day. But I don't know if I can deal with the condo commandos. I can buy a house in Satellite beach, within walking distance to the beach, for 1/3 the cost of the condo and without the 800 monthly fees. The downside is I can't stare at the ocean out my bedroom window. Still, on an east wind day, I can hear the ocean from my bedroom.

I don't think I want to deal the commandos or fees.

 

[FreeFlyNole]

So better news than I expected. S&W thinks they mixed the paint for incandescent light, in which case they will cover the paint and labor.

They are going to paint and do a color patch this week while I'm away on business for me to inspect when I get back.

If that wasn't the case and the color mixture has changed the worse case is they will give me the paint and the HOA will split the labor with me in the form of credit toward my HOA payments.

So worse case scenario I'm out a few hundred bucks. I'll let you guys know how it goes and post pictures once I no longer live in a Smurf village.

 

[dmm5157]

So better news than I expected. S&W thinks they mixed the paint for incandescent light, in which case they will cover the paint and labor.

They are going to paint and do a color patch this week while I'm away on business for me to inspect when I get back.

If that wasn't the case and the color mixture has changed the worse case is they will give me the paint and the HOA will split the labor with me in the form of credit toward my HOA payments.

So worse case scenario I'm out a few hundred bucks. I'll let you guys know how it goes and post pictures once I no longer live in a Smurf village.

Sounds like a win to me, post updates when work is done.

 

[DFSNOLE]

So better news than I expected. S&W thinks they mixed the paint for incandescent light, in which case they will cover the paint and labor.

They are going to paint and do a color patch this week while I'm away on business for me to inspect when I get back.

If that wasn't the case and the color mixture has changed the worse case is they will give me the paint and the HOA will split the labor with me in the form of credit toward my HOA payments.

So worse case scenario I'm out a few hundred bucks. I'll let you guys know how it goes and post pictures once I no longer live in a Smurf village.

And you didn't even have to go all Special Ops on them which I imagine was a little disappointing.