Roof Color

if the board approved your choices, and you have that approval in writing, and they later change their mind, then they should be presented the bill for the results of that change.

I would be sure the email truly states the decision, and did come from the proper authorities/process, not just an off hand comment from a board member in passing ("yeah, bob, it looks good. there will be no problem with the board buying off, go ahead" would not be as easy to use as proof as "The committee has approved your roof color request to be changed from X to X, per your samples and requests. You may proceed.")

Quite probably the DRC or BOD does not have the authority to legally waive the covenant requiring a specific color. I agree with Brian that if they approved it originally then they should cover the re-stocking fee.

If you have the approval of the committee, the lawyer should have no say. Why is he even involved? best wishes with this.

A little info on roofs: (this info is at least a year old, so there may be more information available now.)
Call the manufacturer's technical department and ask for the Solar Reflectivity Index (SRI) I think it’s called, of your shingle. Find out about the Energy Star rating, and comparisons to their other products and other companies. Check www.coolroof.org

From http://www.originalhomeimprovement.com/id2.html FAQ
Does the color of the shingle have an effect on roof temperature? Yes, in fact, the temperature on the surface of a roof with light-colored shingles, compared to one with dark-colored shingles, can vary by as much as 40 degrees

http://eetd.lbl.gov/HeatIsland//LEARN/Roofs

Dark materials absorb more heat from the sun--as anyone who has worn a black t-shirt on a sunny day knows. Black surfaces in the sun can become up to 70°F (40°C) hotter than the most reflective white surfaces. If those dark surfaces are roofs, some of the heat collected by the roof is transferred inside. Staying comfortable in under a dark shingle roof often means more air conditioning and higher utility bills.

The Heat Island Group has monitored buildings in Sacramento with lightly colored, more reflective roofs. We found that these buildings used up to 40% less energy for cooling than buildings with darker roofs. The Florida Solar Energy Center performed a similar study, also showing up to 40% cooling energy savings.

google cool roofing materials database
check your electric utility website for energy efficiency tips

Virginia,

My first thought was to wonder why the attorney would be getting involved in a decision of the A/C. However, after re-reading your initial post, I noted you stated the roof color is specified in the CCRs. The attorney probably advised denying the request for a different color because to do so would be a violation of the CCRs. The fact that you had already received approval for the roof color leads me to believe the board should be resp. for the additional re-stocking fee because it was their error to grant approval. I would suggest a face-to-face meeting with board at which time you can present copies of the approval(s) received and ask for reimb. of the restocking fee. You can also hint at filing a complaint with the Office of Admin Hearings which would cost the assn a lot more than $900 if they lost the case.

Virginia:

Here is my opinion for better or worse. The Board and the DRC made a gross error...they should have asked for and received an opinion from the attorney prior to responding to your request. They did not and approved this request which led you (and any other reasonable and sane person) to order the roof for your home because you had followed procedure and thought you were fine. Now they are trying to change the rules and not let you put up the roof you asked for and was granted permission for because they forgot to ask their lawyer before responding. I see two options:

1) They need to live with their goof

or

2) They pay the restocking fee for the materials you have

Now, fast forward to reality, I highly doubt they will admit a mistake or pay the restocking fee. The question becomes how much do you want to fight this. I would send them a letter asking them to reconsider, outline in your letter the procedure for getting architectural items approved and how you followed the procedure. Also include and reference the approval letters (emails) you have and reference the $900 you will have to pay as a result of something you did no wrong with. Be nice, be courteous, ask them to resonsider, or ask them to pay the fee. If they refuse, that is when you will have to decide whether you want to spend the money to fight this further.

One option that may not be expensive is to take them to small claims court to seek your $900 back if they refuse, rather than get in a protracted legal argument. See if the People's Court is open...at any rate, good luck.

not this brian. Last i knew, there were calls for an ombudsman's position in Az, but nothing had passed yet. Az created some tougher laws in 2003 or so, but they hadn't created an office to handle HOA affairs when i left the state. SOmeone still in AZ will have to answer with a current event.

JC & Brian,

Someone in AZ did respond -- ME! :-) However, my msg was apparently overlooked.

Yes AZ does have a venue for filing a complaint. Which is why I suggested mentioning the possibility of filing a complaint with the OAH.