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Developer Sees Red over Trendy Hue

Monday, February 2, 2015

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A red-hot paint job in Santa Ana, CA, has sparked a legal dispute between property owners.

The Marke apartments has missed the mark with its red exterior and, in fact, violates deed restrictions, according to Lakeside Partners Hutton LLC, which owns the commercial and residential development park where the new complex is located.

Lyon Communities
Lyon Communities Company Brochure

Completed in 2014, The Marke is an upscale community that features 300 luxury units and is part of a 46-acre development called the Hutton Centre. One side of the building is painted red.

“The color is fine. It’s the amount of it that’s a problem,” Lakeside Partners’ attorney Kenneth L. Perkins Jr. told the OC Register.

Completed in 2014, The Marke is an upscale apartment community featuring 300 luxury units. It is part of a 46-acre development called the Hutton Centre. One side of the building is painted solid red.

According to its website, “The Marke will set trends, not follow them.”

Seeking a Repaint

Hutton Centre owners, however, want this trend stopped.

They recently filed a lawsuit in Orange County Superior Court, seeking a repaint for the trend-setting residential building.

The Hutton Centre has deed restrictions requiring property owners to get Architectural Committee approval for “the aesthetic aspects of the architectural design, placement of buildings, landscaping, waterscaping (and) color schemes,” according to the OC Register.

The Marke’s owner, Lyon Communities, submitted its planned color scheme to the Hutton Centre’s Architectural Committee in 2013, the news outlet reports.

Red Rejected

However, the committee rejected “the predominant use” of red paint on the Main Street side of the complex, the report said, citing the complaint.

red paint
© iStock.com / mtphoto

The Centre wants the court to mandate a repaint in a color “approved by the Architectural Committee and in accordance with” the center’s rules.

The Marke ignored the rejection and painted the building red.

Now, the Centre wants the court to mandate a repaint in a color “approved by the Architectural Committee and in accordance with” the center’s rules.

Lyon Communities did not immediately respond Friday (Jan. 30) to a request for comment. The news outlet reports settlement talks are underway.

Hue Hostilities

Disputes over building paint colors are not unusual.

In South Carolina, a business owner who painted bright yellow and green buildings sparked a 90-day temporary ban on painting masonry, stucco siding and roof surfaces throughout the city of York.

In New York, a homeowner encouraged his neighbors to throw pints of paint at his house, but neighbors and local authorities weren’t keen on the Jackson Pollock-style paint job.

More recently, a remodeling project in Santa Clara, CA, that turned a historic abode into a real-life replica of the colorful house in the animated move Up resulted in a lawsuit.


Tagged categories: Aesthetics; Building owners; Color; Design; Developers; Lawsuits; Residential Construction

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