Metro District Painting Regulations

Summary

The metro districts authority to fine for non-compliance is a concern. Review the party wall agreement for clauses on exterior changes. Check for any procedures for obtaining permission. Consult a real estate attorney to understand the metro districts legal authority and ensure compliance.

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Well, I own a house in a metro district which does NOT have an HOA to govern the town homes. My house is considered a single family ATTACHED house in which each owner is responsible for maintaining their unit. The metro district cannot tell us we have to paint, but they have the authority to fine owners who are "out of compliance." The metro districts attorney has claimed that she nor can the board legally advise home owners on this deal. It doesn't seem they can place a lean on our house if we chose to paint just our unit the exact same color scheme and there doesn't seem to be a ruling that requires ALL home owners to paint at the same time. What sort of info would you need to help me with this?
Hey Jason! It sounds like you’re dealing with some complex metro district regulations. To help you better, could you clarify what specific compliance issue you’re facing with the metro district? This can help in understanding their authority and restrictions better.
My house desperately needs to be painted, and I was told by a lady on the board that I had to ask permission to do so or I could be fined. It seems the document that has been referred to the most is what they call the "party wall agreement and declaration." Under Article Four, "maintenance", it says "each lot, including any landscaping theron, shall at all times be well kept in a clean condition and good state of repair. Exterior maintenance of the units and lot upon which each unit is situated, including, but not limited to, painting, repairing, replacing, and maintaining roofs, gutters, fences, down spouts, exterior building surfaces, decks, porches, patios, walks, stairways and driveways shall be the obligation of the owner of the respective lot, and each owner shall maintain the exterior of his respective unit in a manner representative of a property of the value of the lot and property."
Hey Jason! Based on Article Four, it seems you have the obligation to maintain your unit, including painting. However, if the metro district can fine you for non-compliance, it's crucial to understand if they require any specific approval for exterior changes. Have you reviewed any penalties or procedures they might have for non-compliance?
That's my biggest issue. I am not sure of how much clout they have, and they're giving me the impression that I have to ask permission to paint, YET it's my responsibility to do so. To our knowledge, there is nothing that says in the governing documents that i have to use the same paint scheme. I'm just being considerate and going with the same paint.
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Hey Jason! Based on your description, it seems the metro district’s authority to fine is your main concern. Here are some general points to consider:
- Review the "party wall agreement and declaration" thoroughly for any specific clauses about exterior changes.
- Check if there are any documented procedures for obtaining permission, even if it's just informal.
- Consider consulting a local attorney to understand the metro district's legal authority and ensure compliance.
Would you like more specific guidance or assistance with any particular aspect of this issue?
What type of attorney would you advise I seek for a conundrum such as this?
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For your situation, a real estate attorney or one specializing in property law would be best suited to assist you. They can help interpret the "party wall agreement" and advise on the metro district's authority regarding property maintenance compliance.
PERFECT! Thank you!
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It seems like you have a valid concern regarding the metro district's authority and compliance regulations. Consulting a real estate attorney is a good step to ensure you understand your rights and obligations. If you need further assistance, feel free to ask!