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Wednesday, October 28, 2020











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Subject: roof color
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Author Messages
DaveP8
(Oklahoma)

Posts:26


09/25/2020 7:02 AM  
Our HOA architectural committee approved installation of a roof color on one home that is considerably different from the other 300 homes in the neighborhood. It looks like we are stuck with it as the owner will not agree to replacement of his brand new roof and the HOA doesn't have the funds to pay for replacement. Where do we go from here? Ignore the CCRs and just allow anything? It seems if something is allowed for one homeowner then it would have to be allowed for everyone.
AugustinD


Posts:4152


09/25/2020 7:39 AM  
Posted By DaveP8 on 09/25/2020 7:02 AM
Our HOA architectural committee approved installation of a roof color on one home that is considerably different from the other 300 homes in the neighborhood. It looks like we are stuck with it
I agree. From my reading, the courts tend to take the position that, because the owner relied on the ARC's decision in going forward; it appears the owner did so pursuant to the governing documents instructions concerning ARC approvals; and a great deal of money was expended by the owner; the HOA is stuck with this.

The question remains as to whether the roof color truly violates the covenants. This can be tricky. If you quote exactly what the covenants say about roof colors and getting approval, then I think you will get more meaningful advice here.

In the future, I advise enforcing the covenants as written. This may translate to firing the ARC members that approved the roof color. If a HOA member says, "The Smiths over there got xyz roof color. Why can't I have this same roof color," then the Board should just be honest about what happened.

The Board should consider informing the owner with roof with a possibly illegal (under the covenants) that, when the roof next needs replacement, the owner must get pre-approval for the color, and that the ARC and Board will not approve such colors in the future. Put a letter saying as much in this owner's home's file.
GeorgeS21
(Florida)

Posts:3275


09/25/2020 7:41 AM  
“Our HOA architectural committee approved installation of a roof color ...”

Board might offer to pay for a new roof, but if owner likes their roof ... it was approved.

Colors are more related to architectural standards, but the ability to regulate usually must connect the CCRs in some manner.

GeorgeS21
(Florida)

Posts:3275


09/25/2020 7:42 AM  
Forgot to ask, Dave, are you on the Board?
JohnC46
(South Carolina)

Posts:10014


09/25/2020 9:12 AM  
When things like this arise I am glad our attorney advised us no ARC. Let the BOD make all decisions.
DaveP8
(Oklahoma)

Posts:26


09/25/2020 10:11 AM  
Copied from CCR:

Unless otherwise approved by the building committee in writing, the roof of each residential structure, including garages and detached structures. shall be constructed with [brand name] shingles, or an equivalent or superior shingle approved by the building committee, which shingles shall be of grey weathered wood color. Upon written application to the building committee, the building committee may approve variances to this restriction if such variance, in the opinion of the building committee, conforms to the architectural standards of the Property. All such variances must be approved in writing by the building committee.



Homeowner got approval for a black roof.

Yes, On the board.
JohnC46
(South Carolina)

Posts:10014


09/25/2020 10:33 AM  
Dave

Dismiss the Committee that gave such permission.
AugustinD


Posts:4152


09/25/2020 12:10 PM  
DaveP8, thank you for quoting the CC&R and giving the "approved" color. After reading this CC&R, I am standing by my earlier response.
TimB4
(Virginia)

Posts:17008


09/26/2020 12:46 PM  
Dave,


The owner acted in good faith, sought approval, received approval and then put the roof on.
The error, as you know, was the Associations.
You rightly pointed out that the HOA should bear the cost of it's mistake or simply live with it.

My suggestion is one we have done:


Specify that when the roof needs to be replaced, it must be replaced with the proper color as per the covenants.
DaveP8
(Oklahoma)

Posts:26


09/26/2020 1:40 PM  
Thank you all for the great advise. The HOA will have to live with the roof color for now. I also think the architectural committee should report their decisions to the board so time is not wasted sending violation letters that must be rescinded. The problem here is that the architectural committee is also a board member.
SueW6
(Michigan)

Posts:768


09/29/2020 12:21 PM  
What’s the problem? Simply remove who ever is the architectural committee chair person off from that position. No matter who it is. They have lost that job.

BTW: Are you saying that the architectural committee is one person, and that one person is a board member?
DaveP8
(Oklahoma)

Posts:26


09/29/2020 12:31 PM  
Yes, that's what I'm saying.
JohnC46
(South Carolina)

Posts:10014


09/29/2020 12:36 PM  
Dave

Committees serve at the pleasure of the BOD. At the next BOD Meeting raise the idea of dismissing the BOD due to the problem it has created. Also raise the idea that the BOD acts as the ARC or a Rule that all ARC Committee decisions have to be reviewed by the BOD.

Are you afraid to confront her?
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