Can My HOA Tell Me What Color to Paint My House?

In most communities, yes: the HOA can require approval for exterior paint colors and can turn a color down. That authority comes from the recorded governing documents, and several states add statutes on how the decision has to be made. This is general information about how that authority works and where its limits are, not legal advice. For a specific denial, a licensed attorney in your state is the right resource.

Where does the HOA's power over paint color come from?

Usually from the recorded declaration (CC&Rs), whose architectural-control provisions typically require approval before exterior changes, paint color included. Florida ties that authority to the documents by statute: Florida Statutes §720.3035(1)(a) permits it only to the extent it is specifically stated or reasonably inferred in the declaration or guidelines the declaration authorizes.

Most associations regulate exterior appearance through architectural-control provisions in the recorded declaration, and these typically route requests through an architectural review committee. Because the CC&Rs are recorded covenants that owners take title subject to, courts in most states treat them as binding so long as they are applied reasonably.

Under Florida's §720.3035(1)(a), an association's power to review plans or "to enforce standards for the external appearance of any structure or improvement located on a parcel" is:

"...permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants." — §720.3035(1)(a), Fla. Stat.

How do state laws say an architectural decision must be made?

It depends on the state. For example, Florida Statutes §720.3035(1)(a) requires standards to be applied "reasonably and equitably" to all parcel owners, Arizona says approval of a construction project's designs "shall not unreasonably be withheld," and Texas presumes a decision reasonable unless a court finds it arbitrary, capricious, or discriminatory.

State statutes are one layer among several. The association's own documents, the state's nonprofit corporation law, and federal law such as the Fair Housing Act can also apply. Within that mix, some states spell out how an architectural decision has to be made.

California. Civil Code §4765 applies when the governing documents require association approval before a member makes a physical change to the member's separate interest. The association "shall provide a fair, reasonable, and expeditious procedure for making its decision," and:

"A decision on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious." — Cal. Civ. Code §4765(a)(2)

Florida. Section 720.3035(1)(a) says an association or its architectural committee "must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards" authorized by the declaration. Where the documents provide options for the material, size, design, or location of a structure or improvement, §720.3035(2) says the association may not "restrict the right of a parcel owner to select from the options provided." That list does not mention color by name, so whether an approved color palette counts as one of those options is a question for a Florida attorney.

Arizona. A.R.S. §33-1817(B)(3) provides that "approval of a construction project's architectural designs, plans and amendments shall not unreasonably be withheld." By its terms that sentence speaks to construction projects, so how it applies to a repaint alone is a question for an Arizona attorney. The same subsection requires an architectural committee to "include at least one member of the board of directors who shall serve as chairperson of the committee."

Texas. Under Tex. Prop. Code §202.004(a), an association's exercise of discretionary authority concerning a restrictive covenant "is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory." Where California's §4765 states what a decision may not be, the Texas section starts from a presumption that the decision is reasonable.

Does the HOA have to explain a denial?

In some states, yes, in writing. California's Civil Code §4765(a)(4) requires a written decision that explains any disapproval and describes the board reconsideration procedure. Florida and Texas also have written-notice rules for denied construction or improvement requests, with Texas's generally limited to associations with more than 40 lots.

California's §4765(a)(4) says:

"A decision on a proposed change shall be in writing. If a proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board." — Cal. Civ. Code §4765(a)(4)

Under §4765(a)(5), a member whose proposal is disapproved "is entitled to reconsideration by the board, at an open meeting of the board," unless the board itself made the original decision at a qualifying meeting.

Florida's §720.3035(4)(a) addresses denials of "a parcel owner's request or application for the construction of a structure or other improvement on a parcel." In that situation the association "must provide written notice to the parcel owner stating with specificity the rule or covenant on which the association or committee relied." Section 720.3035(4)(b) allows an owner to recover damages, including costs and reasonable attorney fees, if the association should "unreasonably, knowingly, and willfully infringe upon or impair" the owner's rights under the declaration.

Texas has an appeal route for larger communities. Tex. Prop. Code §209.00505 applies only to a property owners' association with more than 40 lots, and not during a development period or while the declarant controls appointments to, or can veto or modify decisions of, the architectural review authority. Where it applies, a denial must come in a written notice sent by certified mail, hand delivery, or electronic delivery that explains the basis for the denial and any changes required for approval, and the owner can ask for a hearing before the board within 30 days of that notice. The board then "may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration" (§209.00505(i)). The section speaks to an owner's request "for the construction of improvements," so how it applies to a repaint alone is a question for a Texas attorney. Chapter 209 also does not cover condominiums (§209.003). The Texas review process is covered in more detail in HOA Fence Rules and Architectural Review: How Approval Works.

Does my HOA have to enforce its rules evenly?

In some states, yes, by statute. Nevada's NRS 116.31065(5) says adopted rules "must be uniformly enforced under the same or similar circumstances," and a rule not so enforced may not be enforced against any unit's owner. In other states, the same idea appears in case law as a selective-enforcement defense.

Nevada's statute is among the most direct. NRS 116.31065 says the rules adopted by an association:

"Must be uniformly enforced under the same or similar circumstances against all units' owners. Any rule that is not so uniformly enforced may not be enforced against any unit's owner." — NRS 116.31065(5)

That section also says rules "must be reasonably related to the purpose for which they are adopted" and "sufficiently explicit in their prohibition, direction or limitation to inform a person of any action or omission required for compliance." It governs rules an association adopts. How it reaches a standard written into the declaration itself depends on the documents.

The bigger picture

An HOA can usually require approval for, and restrict, exterior paint color. Where statutes like the ones above apply, the decision generally has to follow the documents' own process, be reasonable and made in good faith, and be applied evenly. These five states are examples, not a survey. Many states leave the question mostly to the governing documents and court decisions. Whether a particular denial holds up is fact-specific, and a licensed attorney in your state is the appropriate resource. For the underlying question of how binding these covenants are, see What Are CC&Rs and Are They Legally Binding?. State-by-state guides are on the California, Florida, Texas, Arizona and Nevada pages.

Frequently asked questions

Can my HOA really dictate my paint color?

In most communities, the CC&Rs give the association architectural authority that includes approving exterior colors. Some states define that authority by statute. Florida's §720.3035(1)(a), for example, permits it only to the extent it is specifically stated or reasonably inferred in the declaration or published guidelines.

Are there limits on what the HOA can deny?

Yes, and they vary by state. California's Civil Code §4765, for example, requires a decision made in good faith that is not unreasonable, arbitrary, or capricious, along with a written explanation when a proposed change is disapproved.

What if my neighbor has the color I was denied?

Inconsistent enforcement can matter, and how much depends on the state. Nevada's NRS 116.31065(5), for example, says a rule that is not uniformly enforced may not be enforced against any unit's owner, and some other states recognize a selective-enforcement defense in case law. Whether either applies depends on the facts.

Sources

• California Civil Code §4765 — Architectural review procedures
• Florida Statutes §720.3035 — Architectural control covenants
• Nevada Revised Statutes 116.31065 — Rules
• Arizona Revised Statutes §33-1817 — Design and architectural committees
• Texas Property Code §202.004 — Enforcement of restrictive covenants
• Texas Property Code §209.003 — Applicability of chapter
• Texas Property Code §209.00505 — Architectural review authority
• What Are CC&Rs and Are They Legally Binding? — HOARebel
• Selective enforcement and uneven HOA enforcement — HOARebel