Case No. 607-G, GreencastleLakes Community Association v. Quan Dung and Denise Tran, (April 7, 2004) (Panel: Petty, Kivitz, and Havlicek)
The homeowners (HO) painted their deck white without the approval of the Architectural and Environmental Review Committee (AERC).The HO tried to remove the white paint after they were notified of the violation; however, some white paint was still visible on the deck.The HO was given several extensions of time to rectify the violation.
The Declaration of Covenants and Restrictions, and regulations or architectural control guidelines promulgated thereto govern the homeowners property. The AERC was established to administer the architectural standards.The Declaration states that no exterior change, including a change of color, may be made without first obtaining the consent of the AERC.Furthermore, the AERC Rules prohibit the painting or staining of decks, and the Rules require that the decks remain in a natural color.