The townhome declaration should delineate the respective maintenance and repair obligations of the association and the individual owners. The declaration also should contain provisions relating to exterior alterations and architectural review. Most likely, the declaration requires that owners obtain the consent of the association before making changes to the exteriors of townhomes, including color changes. The association also may have adopted rules and regulations covering the details of the architectural review process, setting forth specifications describing permitted products, materials and colors or establishing guidelines pertaining to issues such as work hours, the proper disposal of construction debris and the like.
“Unless a townhome owner’s right to make exterior changes is made perfectly clear in the governing documents, it would behoove the owner to obtain the express written consent of the association before undertaking any work affecting the exterior appearance of the townhome. Any miscommunications in this regard could subject the owner to the correction of non-conforming work at the owner’s expense, fines and/or other association enforcement action.”