Fort Collins, CO asked in Real Estate Law for Colorado

Q: I want to know,

want to know, if I have a chance to keep my pergola as it is (oil-based stain on rough hewn cedar) when there is nothing in the written community guidelines saying that it has to be any specific color other than 'complementary' to the home? The source of contention is there are no specific Design Review Guidelines referring to color, material, size, etc. Everything is "based on their discretion" which leads to favoritism and lack of consistency. Their discretion seems more appropriate for nuisance issues or health hazards.

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1 Lawyer Answer
Michael Joseph Larranaga
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  • Parker, CO
  • Licensed in Colorado

A: I would check under the painting/ maintenance section of the HOA's design requirements. Allot of these HOAs do not require approval if no changes are made. For example, my HOA does not require any type of approval to paint the exterior of the house if you use the same colors.

If you are required to gain approval, document everything. If you need an attorney you will want to keep a clean record to show that the HOA is not following its own guidelines or is being unreasonable.

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