2024 Paint-Color Dispute: Chronology
Summary Final Order was filed on November 22, 2024. LINK
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Pursuant to the condominium's Declaration, as supported by Florida law, 2/3rds of the unit owners (368 x 2/3 = 246) have to approve a "significant material alteration" for it to be done legally. The Board based the paint color change to the blue palette on a response from an email (not a legal method to administer a required vote) that did not even reach many unit owners. The Board received 84 votes in total - 45 for "Option A" and 39 for "Option B." Note that "Option A" did not even represent 2/3rds of the 84 votes (84 x 2/3 = 56).
Without ratification by 246 votes (they only had 45; 201 votes short), the Board should have painted the buildings in our current "old" palette colors, which does not need ratification.
(01) February 29, 2024
Received Email from Board re Formation of a Paint-Color Committee
(02) March 22, 2024
Association Newsletter Identifies Paint-Color Committee Members
(03) April 4, 2025
First Painting Contract Signed By Board President
(04) April 12, 2024
First email sent to Board re Need for Ratification of Color Change By Unit Owners
(05) April 19, 2024
Email Sent By Board to Some (only some) Unit Owners re Color Palette Choices
(06) April 20, 2024
2nd Email sent to Select Board Members re Need for Ratification of Color Change
(07) April 20, 2024
Email sent to Board re Not Receiving Board’s Color Choice Email
Over the following days I heard from approximately 14 other people who claimed they did not receive the email about the paint-color choice.
(08) April 26, 2024
Board Email re Color Palette Option B as “winner”
(09) April 26, 2024
3rd Email sent Directly to 6 Board Members - again re Ratification Requirement
(10) April 30, 2024
Board Special Meeting to Vote on Special Assessment for Painting & Pool Work
(11) April 30, 2024
At Special Board Meeting - Orally Raised Need for Ratification of Color Change; Other Owners Concurred.
(12) April 30, 2024
4th Email to Board with Clippings Noting Color Change is Material Alteration.
(13) May 3, 2024
Painting of Buildings Began with a New Color Palette, “The Blues.”
(14) May 9, 2024
Request to Association asking to Review Painting Project Related Documents.
(15) May 15, 2024
Request Sent to Association For Legal Opinion On Color Change Ratification.
(16) May 16, 2024
Review of the Documents Provided by Association in Response to May 9th Request.
Paint color tally sheet was provided. It showed
§ 84 total votes (out of 368 units)
§ 45 votes for palette Option A; 39 votes for palette Option B.
(Note: 45 is not even 2/3rds of 84.)
Some requested documents were not provided, including - most importantly:
§ A roster of the Unit Owners
§ License and insurance information for the painting contractor: DNA Paint
(17) May 19, 2024
Complaint Filed with the Division of Condominiums about the Documents Not Provided.
(18) May 20, 2024
Another Unit Owner Email Sent to Association re Painting Project.
Note: Numerous Unit Owners claim they sent letters too and/or tried to address this paint-color change
with Board members.
(19) May 25, 2024
Inquiry/Complaint Sent to Palm Beach County Construction Compliance re DNA Paint.
(20) May 30, 2025
First Demand Letter Sent to Association Registered Agent (Attorney). This was sent by an attorney I paid to consult with, review our documents, and send the letter.
(21) June 2, 2024
As of June 2 Approximately 17 Buildings (of 93) Had Been Painted in “The Blues.”
(22) June 3, 2024
Complaint re Records Review Request Accepted by DBPR Division of Condominiums.
(23) June 6, 2024
Board Emailed Letter Warning Unit Owners that if I Prevailed, Unit Owners Would Be Assessed Cost to Repaint.
(24) June 6, 2024
Association Attorney Replied to First Demand Letter.
The Association attorney emailed a response to the first Demand Letter.
He noted this was also the “legal opinion” reply.
(25) June 7, 2024 (email delivery) & June 11, 2024 (FedEx delivery)
Final Demand Letter sent to Association attorney.
(26) June 13, 2024
As of June 13th 20 Buildings Had Been Painted in “The Blues.”
(27) June 14, 2024
Palm Beach County Confirmed DNA Paint was Not Certified and was ordered to Stop until Certified.
(28) June 14, 2024
Discovery that Association President Signed a Replacement Painting Contract, omitting DNA Paint.
DNA Paint personnel and equipment continued to work on the property.
(29) June 20, 2024
A letter regarding DNA Paint being uncertified ("unlicensed") in Palm Beach County was sent by Palm
Beach County to each Board member explaining why they should avoid hiring uncertified contractors.
(30) July 9, 2024
My petition for Arbitration regarding the paint-color change on our buildings was delivered to the
Division of Business and Professional Regulation (DBPR). The petition included many statements of facts,
legal citations, and 26 exhibits.
(31) July 16, 2024
The Division of Business and Professional Regulation (DBPR) cashed the check I sent for the Arbitration.
(32) July 18, 2024
I sent an email to the Board and the Association's attorney noting that I had filed a petition for arbitration and that I was still open to negotiating, but set a deadline of July 26th to hear from them.
(33) July 23, 2024
PBC Attorney responded to inquiry as to why case about uncertified painting contractor was closed.
Attorney indicated field investigator misinterpreted something when investigator said subcontractors
do not have to be certified. Attorney indicated more there will be more inquiries to find out whether there are continuing violations or whether workers are now employees of a certified contractor.
(34) July 23, 2024
The Department of Business and Professional Regulation arbitrator dismissed my initial petition due to two technicalities that are easily remedied. The arbitrator is keeping my file, so I will not have to replicate the same documents when I submit a new petition. IMPORTANT: The arbitrator stated he reviewed the Association attorney's arguments and he, the arbitrator, stated that they do not excuse the Association's failure to follow the governing documents. The arbitrator stated he will order the buildings to be repainted in the original colors and suggested I send the Board the decision to encourage them to settle the matter - which I did. A new petition will be sent on August 6 or thereabouts if there is no "meeting of the minds."
(35) July 25, 2024
I received an email from the Association's attorney with a request to negotiate and suggesting we use a
mediator, for which the Association will pay. I agreed. They will work on scheduling it.
(36) July 26, 2024
I had a discussion with the Division of Condominums investigator who is working on my withheld
documents complaint. They are in transition with some staff, which is causing a short delay. He asked
for a summary of the other aspects of the paint project that I have tried to address. I provided the summary.
(37) July 29, 2024
An updated pre-arbitration demand letter was delivered to the Association. A petition for arbitration
will be filed if mediation is cancelled or fails to result in a suitable agreement.
(38) July 31, 2024
Mediation now scheduled for August 16th.
(39) August 1, 2024
Association VP/Acting President sent out a project update email to unit owners stating, in part: "A Unit Owner has challenged the painting project on the palette color."
[Note: I view this as a mischaracterization, whether due to the VP's misunderstanding of the issue or a continued refusal of the Board to take responsibility for the situation. In any case, "the challenge" is based on the violation of the law and our governing documents, specifically: an unratified change to our building colors.
As I stated at the April 30th Special Board Meeting, I don't care if the buildings are pink and purple if those colors were ratified by 2/3rds of the Unit Owners.]
(40) August 9, 2024
MEDIATION IS CANCELLED.
After the maintenance crew distributed a "petition" to each unit with information that would only be known by Board members, and which effectively was blaming me for the painting debacle, I conferred with the mediator to ensue if I withdrew from mediation the Association's money would be refunded. Thankfully, the mediator agreed, and I officially withdrew.
Given all the insults thrown my way, and the Board's unwillingness to take a smidgen of responsibility for their choices in violation of our governing documents and the FL statutes -- I've had enough.
I will be proceeding back to ARBITRATION, and let the (paint) chips fall where they may.
(41) August 10, 2024
MEDIATION BACK ON.
The date will need to be confirmed. *** As of Aug 12, date confirmed for Friday, August 16th.
I agreed again to mediation after extended communications with a Board member and certain conditions being met. I also trust they now understand the kinds of changes that need to happen, and the limited options (legally sound options) regarding the paint-color.
(42) August 16, 2024
Mediation held. No agreement. Arbitration Petition is on route to Tallahassee.
IMO, the mediator was horrible: unprepared, unfocused, & didn't seem to have any concept of the issue or potential legal solutions.
(43) August 19, 2024
Arbitration effort continued and second request for community roster.
Arbitration petition delivered to the Arbitration unit at the Dept. of Business & Professional Regulation.
Request for access to roster of unit owners also delivered to Association's registered agent.
(44) August 24, 2024
Check to Department of Business & Professional Regulation for arbitration was cashed.
(45) August 27, 2024
Roster of unit owners provided by Association attorney, in response to August 19th formal request.
The Board made clear via an email they sent this same day (Aug. 27th), that the roster was only provided due to the new July 1st statutes that impose a criminal liability for failure to provide requested documents. IMO: This tells us the current Board wants as little transparency as possible and continues to view Association members (unit owners) as adversaries.
(46) August 29, 2024
Board Meeting
Board voted to have another vote on the paint-color. I did not hear any specifics, but presumably they want to see if they can gather 246 affirmative votes for the change in color to “the blues.”
As I understand the law: Retroactive ratifications are prohibited by case law (2020 3rd DCA – Bailey case), so this tactic is unlikely to be useful even if they can get those 246 votes. If they can’t, I believe it only weakens any defenses they argue in arbitration.
It was reported that there are 42 buildings (out of 92 plus the clubhouse) that were painted in “the blues.”
(47) September 16, 2024
Arbitrator filed "Order Requiring Answer to Petition" and sent it to the Association Attorney and sent a copy to petitioner. From the date of delivery to the Association attorney, the Association has 20 days to submit its answer.
(48) September 25, 2024
The Board sent a "Paint Matter Update" email. They note that the paint project will remain on hold until the arbitration is settled. They also state they are mailing out a "Notice of Special Members Meeting." "The meeting is being conducted for the unit owners to ratify changes in the exterior paint colors."
(49) September 27, 2024
On or about this date, unit owners should have received a "Notice of Special Members Meeting" scheduled for November 4, 2024, at 7:00 PM. The stated Purpose: "The meeting is conduct for the Unit Owners to ratify changes in the exterior paint colors." It then goes on to provide some background, which was distorted and omitted many facts that you can find on this website. In any case, a limited proxy "ballot" was attached with which owners can either "approve" or "not approve" "changing the paint colors of the Condominium to the new paint colors currently on some of the buildings . . ." This is an attempt at obtaining a retroactive approval of a material alteration, which appears to be illegal under the law.
(50) October 10, 2024
On this date I received a copy of "Respondent's Motion to Dismiss and/or for more Definite Statement and in the Alternative Motion to Stay the Proceedings." As for the first motion, based on the statements, it is clear the Association's attorneys did not receive my full petition from the DBPR. As for the second motion, they are asking the arbitrator to stay the proceedings until after the November 4th vote on "the blues." ** The Association is represented by attorneys from a firm out of Miami, rather than the known Association attorney.
(51) October 15, 2024
I sent to DBPR and the Association attorneys on this matter a Response to the Motion to Dismiss, etc. (see item 50 above). In conjunction with that I sent an Amended Petition to include all the documents. This was quite an ordeal and took over two full days to compile into new binders, and save electronically.
(52) October 16, 2024
On this date I received an "Order Denying Motion to Dismiss" from the DBPR Arbitrator. It denies the Association's Motion to Dismiss and Motion to Stay the Proceedings until the November 4th (retroactive) vote on "the blues." It required me to submit an Amended Petition with all the documents -- which I already had in the mail. The Association is required to submit an Answer to the Amended Petition within 10 days of its receipt and also contact me to set up a day for a Case Management Conference with the Arbitrator. ** The Arbitrator notes that an "after-the-fact" vote on the paint colors would NOT be valid. The Board, and certainly the attorneys, should have known this already.
(53) October 17, 2024
The Board sent out an email to Association Members who receive notices by email: The Board canceled the November 4th vote, and stated they will be painting the buildings in the existing pale-golden & green palette. * Aside: In the email, the Board also stated they made a demand upon one of the Association insurance carriers for legal counsel in this case, and the carrier appointed the attorneys for the arbitration case. What is interesting is that the Board states it is unlikely insurance will cover their mistake. What in the policy leads the carrier to this decision? Do they consider the painting of "the blues" having been done knowingly and willfully [see §718.303(1)(d)] in violation of the law and our governing documents ? Or does the policy have some other clause or limitation that would lead the claim to be denied? Will we ever know?
(54) November 7, 2024
On this date I received an "Order Setting Hearing for Case Management" from the DBPR Arbitrator. It showed a filed date of November 4, 2024. The hearing is set for November 13th at 2:00 PM. It states that Petition (I) intiate a conference with the Respondent (Association) to discuss and prepare for the hearing - re possibility of settlement, whether mediation would be useful, and whether pleadings to date are sufficient for summary disposition of the case. I reached out to Respondent's attorney and set a call for Monday, November 12.
(55) November 11, 2024
Petitioner and Respondent's attorney discussed the matters the Arbitrator requested in his "Order Setting Hearing for Case Management."
(56) November 12, 2024
The Case Management Hearing was held before the Arbitrator. The Arbitrator will be issuing a Summary Final Order. It sounded like we should have it within a couple of weeks. Based on everything that has transpired, I will be the prevailing party.
(57) November 22, 2024
Summary Final Order was filed on November 22, 2024. LINK
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