Sunday, January 13, 2008

May the Board regulate the color of blinds?

The Southampton Condominium, Homeowners Manual (2007) states on page 12 the following with respect to blinds: "The side which shows to the exterior must be white or some shade of off white."

What homeowners do inside their homes is their own business—except to the extent that Southampton covenants state otherwise. The Homeowners Manual is not a part of the covenants, i.e the Declaration and Bylaws. The Homeowners Manual derives its authority from the covenants, and may only interpret or implement what is in the covenants or in applicable laws.

Our reading of Southampton covenants, specifically Bylaws Article X, Use Restrictions, and Article XI, Architectural Control, finds no authority therein for the Board to regulate the color of blinds.

We would like to hear from the Board as to why they believe they have the authority to regulate the color of blinds.

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