A long story about having to replace a new unapproved roof

Started by DennisH7 • 5 replies • 2488 views

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DennisH7 (Colorado)
Posts: 1

Posted:

Last summer, we elected to put on a new 50 yr. roof to replace the wood roof that was damaged by hail.

We selected a roofing company, and the roofing salesman called into the HOA (in my presence) to get approval on the kind of roof we could use. But, before the owner could bring out samples for us to pick one, the sales rep was let go. Unfortunately, I thought the samples the owner brought out were the ones that the sales man had received verbal approval on. In hindsight, I now realize the owner had no knowledge of the salesman's previous conversation with the HOA.

We selected a roof, and the owner said we should contact the HOA for approval. I stated that verbal approval was already received by the salesman in my presence, so I assumed the roof we selected was O.K.

The roof was almost completed when the architectural committee chairman stopped by and informed us that we had not filled out an approval form, and we would have to tear off the roof that we had just put up (because it was not one of the six approved options). I was stunned, because I said we talked to the HOA, but he said we talked to the property management company, and not him. He said we should have filled out a form. I take total responsibility for the mistake.

Regardless, we appealed at the HOA board meeting, and even though the board acknowledged my screw-up; and agreed that the roof was of the same quality as the other six, they had already said no to that roof style to another resident. I see their point, but still feel it's totally wrong to have to scrap a great new roof.

It seems so wasteful to scrap the new roof, not to mention the additional $16,000 grand we have to pay for a replacement. Do I have a recourse to challenge the HOA?

Any insight would be appreciated. thanks you.

JonD1
Posts: 2,350

Posted:

Dennis

Seems this matter was mishandled on your end. You understand you live in an HOA? Verbal approval from someone on the other end of a phone constitutes nothing. Then you were reminded by the owner of the roofing company to seek approach PRIOR to the work being done. That would have been a simple procedure and would have avoided the issues you now face.

Now the board has denied to another property owner the ability to use the same roofing material you went and used without ever getting approval. That sort of puta them you a tough spot which might open them and your property to litigation should the other owner decide to peruse the issue.

Your question now do you have some recourse? You could take the matter to court but as you understood their was an HOA in place, their were selected roofs approved for use on the property, and that you now admit you failed to seek or obtain approval and that this board has denied to another owner the use of the same material you installed my opinion you have an uphill battle that will add to your $16,000 out of pocket cost.

It is an unfortunate set of circumstances. My advice when in doubt ALWAYS call and verify what you wish to do is permitted, approved in writing by the proper authority before you begin any work.

Good luck.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By JonD1 on 06/01/2016 10:33 AM
Dennis

Seems this matter was mishandled on your end. You understand you live in an HOA? Verbal approval from someone on the other end of a phone constitutes nothing. Then you were reminded by the owner of the roofing company to seek approach PRIOR to the work being done. That would have been a simple procedure and would have avoided the issues you now face.

Now the board has denied to another property owner the ability to use the same roofing material you went and used without ever getting approval. That sort of puta them you a tough spot which might open them and your property to litigation should the other owner decide to peruse the issue.

Your question now do you have some recourse? You could take the matter to court but as you understood their was an HOA in place, their were selected roofs approved for use on the property, and that you now admit you failed to seek or obtain approval and that this board has denied to another owner the use of the same material you installed my opinion you have an uphill battle that will add to your $16,000 out of pocket cost.

It is an unfortunate set of circumstances. My advice when in doubt ALWAYS call and verify what you wish to do is permitted, approved in writing by the proper authority before you begin any work.

Good luck.

Can you speak to someone who was involved in the selection and find out why the one you chose was rejected?

Can you personally smooth things over with the owner who got turned down? A lot cheaper to give him $1k for his garden than coughing up $16k.

Can you offer to do all the legwork needed to help your HOA add your roof to the approved list?

Sikubali jukumu. Read all posts at your own risk.

MarkM31 (Washington)
Posts: 351

Posted:

You need to lawyer up. If it becomes a question that your roofing is a split image of what is approved and you are a victim of circumstance (not withstanding your own culpability), then in large part the HOA is saying that you must scrap the roof because you didn't fill out a form. Then in large part the issue becomes one of inevitability.

I would think that you either have your attorney push the issue, or stand pat and wait until you are fined. At that point contest the fine, and if necessary counter sue.

But don't demo yet.

RichardP13 (California)
Posts: 3,868

Posted:

I am going to agree with Mark on this one. If the roof is one that would have been approved had the proper form filled out, you have in reality fined that homeowner $16K for something they may have believed was handled by the contractor.

I have dealt many times in California with solar contractors who actually had the ARC form completed on behalf of the homeowners as they have a better understanding of the material used in the project.

DouglasK1 (Florida)
Posts: 2,046

Posted:

We had a similar situation in our HOA where a new owner put on a new roof without approval. The shingle color they used was far from anything else here and looks quite out of place. Even so, the board at the time decided it wasn't worth fighting. We would have had to sue, and it is not uncommon for judges around here to rule against HOAs enforcing rules they don't think are reasonable, such as requiring throwing away a brand new $15,000 roof.

Dennis, what is the HOA threatening if you don't comply? The two typical enforcement mechanisms are fines and lawsuits. In our case, we were told long ago by our attorney that our docs don't provide for fining, so we can't and have to rely on the courts for enforcement. We rarely see the expense and uncertainly of outcome being worth going to that extent. If your HOA is in the same boat, threatening letters might be as far as they go.

Escaped former treasurer and director of a self managed association.

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