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ElloraD (Tennessee)
Posts: 6
Posted:
Our neighborhood is about 17 years old and all of the homes are of traditional design with asphalt shingle roofs. We have a homeowner that has asked if there are any restrictions on the type of roof that is allowed. He is wanting to put a copper colored aluminum roof on his home. The Vice President and myself have read the CC&Rs and there is no specific restrictions on roof design other than the pitch must be 8/12. The only other reference to design is the statement, "The dwelling and related improvements must be of Traditional Architecture and design defined herein." From here it states the minimum square footage, roof pitch, etc. but no specific exclusions on the style of roof. I am President of the association and the homeowner has asked for something in writing stating that it is okay to have the aluminum roof if that is what we determine. Would you understand these statements on the CC&Rs to allow for any style roof including aluminum? Is it all open to interpretation because of the statement regarding Traditional Architecture? Any advice on how to handle this situation? I have concerns that the other officers will not agree to the aluminum roof because it will be the only one in the neighborhood like that. But nothing in the CC&Rs states that this would be a case that would need to be "approved" by the officers. Thanks for your comments and advice!
JamesG (Connecticut)
Posts: 83
Posted:
As you can see by visiting the link below, metal roofing can in fact be very "traditional". However, that does not mean that the neighbors will appreciate the entirely different look to this roofing material.

http://www.fitzgeraldtimberframes.com/standingseam.html

I think that the association officers first need to decide if any restrictions on the roofing "material" fall under the prevue of the association. If the answer is no, than I would recommend that the officers do not write any letter of "permission" as this would be overstepping your authority. If you feel that the officers do have a say in this matter, than you first need to clarify your interpretation of the CC&R's before making any decision on the owner's request. If you deny the request, you may have to defend this decision with that owner. If you approve the request, you will likely have to defend the decision with the other owners.

Any decisions cannot be yours alone - you need a majority of the officers to support any decision.
SusanW1 (Michigan)
Posts: 5,202
Posted:
How are windows, doors, and paint colors handled?

I can't believe that there isn't someting that speaks to following original builder's style or materials in your CCRS.

ElloraD (Tennessee)
Posts: 6
Posted:
Susan, there is no wording or restrictions regarding windows, doors, or paint. Only other restrictions are to out buildings which have to be approved and mailboxes must be traditional. Any additions to square footage have to be approved by board. No other specifications.

Thanks Jim, that info is helpful. I believe it will be open to interpretation and I can't imagine someone wanting to go to court over such a simple thing, but you never know. This CC&Rs do not state that it would be something to be approved by the officers, so you have a good point that it would be outside our authority to put it in writing. Thanks again for your advice and perspective.
RogerB (Colorado)
Posts: 5,067
Posted:
Ellora, when we have found CC&Rs without information on roofing the CC&Rs have been amended to include the types of roofing materials which are allowed. This is important information which realtors in Colorado have been taught to check out. Following is an example:

Roofing Materials
Roofing materials allowed are fiberglass asphalt, regular and light-weight concrete tile, stone coated steel, and other roofing materials which from time to time may be approved by the Board of Directors. All roofing materials require approval by the Design Review Committee. Approval shall require materials of high quality and an appearance which is in harmony with roofing materials on other houses in the Association.
ElloraD (Tennessee)
Posts: 6
Posted:
Roger, that is a great suggestion. After reading your post, I did some research and believe it or not there are some amendments but none of them address this situation or anything about roofing materials or any other building materials. I did find a paragraph that states no building shall be erected, placed, altered (including, without limitation, any change of exterior color) or permitted to remain on any lot until the building plans and specifications and a plan showing the location of a dwelling have been approved in writing by the advisory committee as to the quality of workmanship and materials, harmony of exterior design with existing structures and as to location with respect to topography and finish grade level and elevation.

So, I interpret this to mean that this is a situation that the board (or "advisory committe") needs to review the plans for and either approve or reject the request?? Anyone agree?
NameW (Virginia)
Posts: 74
Posted:
The advisory committee should be your Architectural Committee. Presumably there is one.

Actually in my own HOA we gave up on uniformity long ago. The builders had set up in the 70s a contract with the local Hechingers and Jamesway for eaves, roofs, yard toys, door shapes, fences, paint tints and other similar stuff of only certain designs. Back then you, an owner, got a list of part #s to order and a list of stores selling those parts. When those firms folded no company picked up those contracts, nor did the Board back then give it much urgency. The result was as technologies and different materials emerged the Architectural Committee was forced to allow differences as maintenance occurred. By the time I came along our emphasis was 'do the maintenance' rather than worry about what color or shape it is. Everything has to be maintained, but our HOA couldn't care less if you got new white (or blue) window frames to replace the beige ones that rotted away or not, as long as you do your maintenance. That being said, a copper roof in the middle of asphalt roofs would certainly be a good debate for the Architectural Committee to consider.

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