Although the CC&Rs do not make any reference to paint colors, the Board has frequently tried to dictate what colors homeowners could use to paint their siding and trim. Since paint colors are not addressed directly in the CC&Rs, the Board has tried to "interpret" a passage from article IV, which addresses new construction, to give the ACC the right to approve all exterior paint colors. This passage reads as follows:
"No building, fence, wall, outbuilding or other structure or improvement shall be erected, altered, added onto, placed or repaired on any lot in the subdivision until the complete plans including site plans, grading plans, floor plans depicting room sizes and layouts, exterior elevations, any other plans or information deemed necessary by the ACC for the performance of its function..."
Two paragraphs down from this entry, the purpose of article IV is clearly explained, leaving little doubt that it was not intended to restrict the choice of exterior paint colors:
"The goal of the Committee is to encourage the construction of dwellings of good architectural design, quality and proper size compatible with Declarant's conceptual plan for the subdivision. Dwellings should be planned and designed with particular attention to the design and aesthetic appearance of the exterior and the use of such materials, which, in the sole judgment of the Committee, create an attractive blend with existing and proposed dwellings in the immediate area and the natural surroundings...."