Sep 24, 2008 9:48 pm US/Mountain
HOA Sues Resident Over Paint Color
Written by investigative reporter Brian Maass
ELBERT COUNTY, Colo. (CBS4) ―
A homeowners association in Elbert County has gone to court and is suing one of its homeowners over the color he painted his house and the HOA's contention that the man failed to get proper HOA authorization before starting to paint.
But 60-year-old Robert Mark Bell isn't rolling over, telling his HOA, the Kelly Air Park Association, to take a hike.
"You take a stand," Bell said. "It's just about that simple."
He's refusing to repaint his house, refusing to pay a $500 fine the HOA is demanding and is countersuing his HOA for $50,000 for harassment and intimidation.
"You don't get screwed by your HOA," Bell said. "You stand up for what you believe is right."
Bell bought his 3,000 square-foot home in rural Elbert County in 2004. At the time, the stucco home was painted a light shade of pink. In 2006, the HOA wrote Bell noting the deteriorating stucco and suggesting he repaint the house "earth tones."
Bell agreed, and according to documentation reviewed by CBS4, in April 2007, Bell filed an application with his HOA to make several exterior improvements, including repainting the house a deep maroon color called "ox blood." He says he liked the color and the paint was on sale for $20 a gallon.
A notation on his application indicates the HOA received his application to paint on April 27, 2007. Bell submitted a revised application to paint and improve his home two months later, in June 2007. He claims that when he never heard anything back from his HOA, he went ahead and painted his house.
Bell did admit that due to previous spats with his HOA, whenever he received correspondence, he wouldn't open it and returned it as "undeliverable."
After spending two days painting his house, the Kelly Air Park Association notified Bell he was in violation of covenants and levied a $500 fine. When he refused to pay the fine or repaint his house, the homeowners association filed suit against Bell in July, saying he had violated covenants "by failing to obtain the required prior approval of the Architectural Control Committee before painting his house." The HOA's legal action asks that Bell be required to repaint his house within 30 days and pay the fine, compensatory damages, interest, attorneys fees, expert witness fees and other costs incurred by the HOA.
Dorothy Stone, the lawyer representing the Kelly Air Park Association, refused to discuss the dispute saying she "didn't really want to try it in the press." In a phone message left at CBS4, Stone said, "Please don't give me a call back, I'm really busy on other things, so I don't have time to talk even if I could."
Three Kelly Air Park homeowners contacted by CBS4 said they had been instructed not to talk about Mark Bell or his paint. Dick Merring, who has lived in the development for ten years, said "We cannot talk to you about Mark Bell."
Bell said he thinks the dispute may be as much about personalities as it is about paint. In a subdivision of large homes and straight-laced, well-heeled homeowners, Bell is unquestionably a different breed. He owns a Senegalese parrot named Emily and the exterior of his home is marked by stray bowling pins and other offbeat decorations. Bell also spends about 45 minutes each day hanging upside down in his driveway using an anti-gravity device.
"It's like transcendental meditation," Bell said as he hung with his feet over his head.
He believes his neighbors are using the paint issue to force him out.
"What do you do, turn into a pile of soot if you don't defend yourself?," asked Bell. "They had no right to do what they did to me."
Most disputes between HOAs and tenants don't go this far, according to Denver attorney Mark Payne, who represents homeowners associations across Colorado. He is not involved in this particular dispute. Payne said 99 percent of such disputes are settled without ever going to court. But he says with a tight economy, more and more homeowners can't afford to do improvements demanded by their HOAs. Conversely, he said homeowners are more frequently upset with their HOAs as they expect more done in exchange for their monthly or annual dues.
"So I think you're seeing expectations on both sides that aren't being met," Payne said.
Bell said he physically can't repaint his house and doesn't have the "enthusiasm" to paint again.
Bell and his HOA are scheduled to meet in court again in December.
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