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CCOC Decision Summary

#607-G, GreencastleLakes Community Association v. Quan Dung and Denise Tran, (April 7, 2004) (Panel: Petty, Kivitz, and Havlicek)

The homeowners (HO) painted their deck white without the approval of the Architectural and Environmental Review Committee (AERC) of his homeowners associations (HOA).The HO tried to remove the white paint after they were notified of the violation; however, some white paint was still visible on the deck.The HO was given several extensions of time to rectify the violation.

The HOA's Declaration of Covenants and Restrictions, and regulations or architectural control guidelines promulgated thereto govern the homeowner´┐Żs property. The AERC was established to administer the architectural standards.The Declaration states that no exterior change, including a change of color, may be made without first obtaining the consent of the AERC.Furthermore, the AERC Rules prohibit the painting or staining of decks, and the Rules require that the decks remain in a natural color.

The HO argued that his deck was not visible from the street or from his neighbors' houses, and also that other decks in the HOA were stained in non-complying colors.However, the HOA's evidence contradicted the HO on the issue of visibility.The HOA also showed that the other decks had been stained with a darker color that would fade with time (so that removal of the stain was not necessary) and that the owners had been fined for the violations.

The Panel concluded that the HO violated the Covenants by staining the deck white and by not gaining prior approval of the AERC.The Panel ordered the HO to have the stain removed and restore the deck to its proper appearance within 30 days.

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