We recently wrote about some homeowners who plainly violated the restrictive covenants in their association’s governing documents when they painted their home blue without submitting an application for approval.

Another case involving a blue house from Nebraska recently caught our attention, Estates at Prairie Ridge Homeowners Association v. Korth, 904 N.W.2d 15 (Neb. 2017). However, in this case, the state supreme court found there was nothing in the governing documents that restricted paint color or required the owners to get approval to paint their home. The HOA tried to argue that painting was an “improvement” which would trigger the requirement for approval under the documents. That was probably their best hope for success, but ultimately the court was not persuaded that paint was an improvement, which would instead be something that is constructed, erected, placed, or permitted to remain on land.

Alternatively, the HOA argued that restrictions against “storage” of things “obnoxious to the eye” and “objectionable, unlawful or offensive trade or activity” should apply. But those arguments fell flat when examined by the court.

Do your Bylaws need some amending in order to ensure your community doesn’t end up with “the blues”? Let us know how we can help ensure your documents effectively deal with this issue. Contact Robert Meisner at 248.644.4433.