Homeowners sued over deck color
Three homeowners in a northwest Omaha neighborhood are being sued by their own townhome association. It’s not about the condition of their decks but the color.
While the Lyons like to entertain on their deck it’s now caused them to be served. A lawsuit filed against the Lyons by the Westin Hills Four Townhome Association demands their deck be a natural wood color instead of white.
Mike Lyons said, “Does this detract from the home? Does it make it stand out like sore thumb? No. Does it add value and grace to this house? Yes, it does.”
The lawsuit claims the Lyons didn’t obtain approval of their deck color but Sheila says she did and it's in black and white. She cites permission in writing from a different board 10 years ago. Sheila Lyons/homeowner said, “Each time I paint it white, do I have to get approval each time? It’s the same color and nothing’s changed in 10 years.”
The Lyons attorney answered that enforcement of the color covenant is arbitrary. Out of 250 homeowners in the association three are being sued.
The Lyons claim the color complaint comes from the neighborhood association not neighbors. Lyons said, ”I'd just say look at this and if enough complaints come in the I'll change. But I'm not changing because the HOA says I have to change.”
Sharing a lawyer with a nearby neighbor being sued over the same issue the Lyons say the defense of their white deck won’t be deterred by the color of money.
We’ve left several text and email messages with Townhome Association attorney who filed the lawsuits. So far no response.