Roof color denied after approval

Seems like the HOA is holding us hostage and not sure if this letter is legal the way it is written. They say they are not penalizing us but they are if we sell our house. We submitted our application to them twice and they replied with "as long as the color is not far from the original color". We even took them a sample of the shingle to their office the first time we submitted to them before installation. We didn't get a denial letter until three months after it was installed. We purchased a 3-D shingle that seems to change the way it looks in different weather conditions (lighter in the sun & darker in the rain etc...). It also has a lifetime warrantee and is transferable once if we sell our house.
Please let me know if we can fight this in court. This is what they finally sent us seven months after third letter for installation of approval.

For the listed project item(s):
Roof

We regret to inform you that the CAH-Cambridge Heights Arc Committee has declined your application for the listed item(s) with the following reason(s):
After review of the request and subsequent correspondence, the ACC does not find the owners to have incorrectly followed the process. They have followed the request procedures in accordance with the covenants and acted in good faith.

Due to no fault of their own, the ACC feels the home owner received a roof color which would not have been approved, if presented with estimates which more accurately showed the finished results. However, we also feel the owners should not be penalized after attempting to complete the request process (and having done so on other occasions).

The home should be noted in the management company's records as "non-compliant but exempt" from fines due to the roof color. However, upon sale of the home to another party, the color would have to be addressed (different shingles, coloration, roofing replacement, ect) to bring the home back into community standards.

Such a recommendation would have to be approved by the HOA Board for final actions.

You are welcome to submit an amended application or to appeal this decision, in writing, to CAH-Cambridge Heights c/o Goodwin Management, Inc.

THIS IS WHAT THEY KEPT SENDING US. AS MENTIONED BELOW WE ALSO TOOK A SAMPLE BOOK WITH ALL DIFFERENT COLORS TO THEIR OFFICE WITH THE ONE WE CHOSE CIRCLED.

For the listed project item(s):

Roof

I am pleased to inform you that the CAH-Cambridge Heights ACC Committee has approved your application with the following stipulations:

Roofing repairs approved with condition new color does not diverge greatly from previous color. Materials approved by the ACC, per request. This is technically a maintenance request and would not normally require additional input by the ACC. We view this request as a courtesy copy and thank the home owner for their following the covenants and by-laws of the community.

The approval is contingent upon compliance with the specifications set forth in the approved application. If your change or addition requires a county, city or state permit, it must be obtained before construction.

HERE IS AN EMAIL WE SENT THEM AND WE ALSO TOOK A SAMPLE BOOK WITH THE REAL SHINGLE (2X3) TO THEIR OFFICE TO VIEW.

Debra Johnson & Cambridge Heights HOA Architectural Committee:

Here is a color photo of the shingles that we would like to have installed on our home (1315 Coral Cay Lane). We have submitted the application per the guidelines of Architectural Committee.

Due to our fax copying in black and white the photo will be hard to see what the shingles will actually look like.

The color description of the shingles is Birchwood (black with white and charcoal colored specks). The shingles are a much lighter color than what we currently have on our home. As stated in the attached letter, we would like to go with lighter color shingles that will also help reduce the energy cost during the summer months.

I have attached a copy of the letter and the application including a copy of the contract with this e-mail. I have also faxed a copy of everything to your office.

Thank you for taking the time to send a copy of the application form. I had already printed it off and started working on everything to send to you and the Architectural Committee for Cambridge Heights.

I do have a question as I have not been able to locate it in our HOA manual/notebook regarding the color choices/recommended color choices that are allowed for the exterior painting of our home. Currently the color choice (that came with the house) was like a vanilla cream color. In the future we know that we will need to paint the exterior of the house and we wanted to know if there were guidelines that we must follow concerning the color or if we just submit a sample of the color we would like to paint the exterior along with the Architectural Committee Application.

Respectfully Submitted,

Eldon, I'm not an attorney nor do I play one on the interweb but you might look at Texas 202.011 to see if your new shingles meet the statute.

http://www.weblaws.org/texas/laws/tex._prop._code_section_202.011_regulation_of_certain_roofing_materials