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#35-07, Barry v. Montgomery Village Foundation (May 28, 2008) (Panel: Koenig, Huggins, Perlingiero)

The homeowners (HOs) appealed a decision of the homeowners association (HOA) ordering them to remove the siding they installed on their home.They argued that the siding had been approved by the HOA and that it was similar to other siding approved for other homes by the HOA.

The evidence produced at the hearing showed that the HOs applied for permission to install "Champion Double-4 Vertical Siding in Clay."The HOA approved the use of "LP 4-inch vertical siding in the color Clay." The HOA witness explained that "LP" is Champion's name for its 4 inch wide siding.Upon receiving this approval the HOs instructed their contractor that the contract was approved and he could begin work.However, the contract itself calls for "Premium Double 4 Vinyl Siding", and the contractor actually installed Champion "LP Maxim Board and Batten Vinyl Siding", which has a 6-inch wide face accented by a 1 5/8-inch wide raised batten.

The Hearing Panel concluded that the HOA had only approved the use of 4-inch wide vertical siding, and not the use of the siding actually installed, which although vertical was considerably wider and of a different design.The Panel also concluded that the siding installed was not the same as the siding in the contract.

The Panel also found that although there were other homes in the community with siding different from the standard siding required by the HOA, they were few and the HOA had a reasonable explanation for each one.

The Panel ordered the HOs to remove the board-and-batten siding within 45 days and to replace it with approved siding.

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