HOA requires me to replace as cedar roof but no further doc can support their requirement

EmilyW3 (Illinois)
Posts: 4

Posted:

Currently I have a disagreement regarding to the roof replace with my HOA. My original roof is asphalt. And I want to replace it with a new asphalt roof. But the president of HOA requires me to replace as the cedar roof. The president of HOA can only provide the CC&R to me.
There is one provision in the section of 4.3(n) saying “No exterior addition to or exterior change or alteration in a Dwelling Unit including storm doors and windows, railings, flowerboxes, benches, shutters and seal coating of driveways shall be made without the recommendation of a majority of the members of the Architectural Control Committee and the final approval of the Board. Any such exterior addition to or exterior change or alteration to a Dwelling Unit shall be of color, design, material and construction equal to that of Dwelling Unit as originally constructed, Shall comply with all applicable building, zoning and fire laws, statutes, and ordinances and any other requirement of the Village of Long Grove, shall be performed in a good and workmanlike manner, and shall harmonize, to the satisfaction showing the nature, kind, shape, height, materials, color and location of any addition or alterations shall be submitted to the Architectural Control Committee for approval, together with building permits and any other permits and documentation pertaining there to which may be requested. Any adverse decision of the Architectual Control Committee may be appealed to the Board”.

According to this provision, I think the home owner should keep it as asphalt while replacing if the original installed roof is asphalt. If the original installed roof is wood shake the home owner should keep it as wood shake while replacing.

The president of HOA told us she has some documents to require all the houses under the HOA to maintain the roof as wood shake. However till now she can not provide further official by-laws to describe it. We have been asking for the specific by-laws since October last year and we have contacted her many many times but most of the times she doesn't get back to me. We have tried to ask the by-laws from other members of the Architectural Control Committee and no one could provide the documents. We inquired with the Village of Long Grove the staff told me the village doesn't have any mandatory regulation about the type of roof.
That is the situation we are facing.

Thanks for any advice.

Emily

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Emily

Such a restriction/demand on roof style typically would not be in the Bylaws. It would be in the Covenants and/or Rules & Regulations.

EmilyW3 (Illinois)
Posts: 4

Posted:

Thank you John! The provision I posted above is in the document of CC&R.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By EmilyW3 on 05/19/2017 10:18 AM
Currently I have a disagreement regarding to the roof replace with my HOA. My original roof is asphalt. And I want to replace it with a new asphalt roof. But the president of HOA requires me to replace as the cedar roof. The president of HOA can only provide the CC&R to me.
There is one provision in the section of 4.3(n) saying “No exterior addition to or exterior change or alteration in a Dwelling Unit including storm doors and windows, railings, flowerboxes, benches, shutters and seal coating of driveways shall be made without the recommendation of a majority of the members of the Architectural Control Committee and the final approval of the Board. Any such exterior addition to or exterior change or alteration to a Dwelling Unit shall be of color, design, material and construction equal to that of Dwelling Unit as originally constructed, Shall comply with all applicable building, zoning and fire laws, statutes, and ordinances and any other requirement of the Village of Long Grove, shall be performed in a good and workmanlike manner, and shall harmonize, to the satisfaction showing the nature, kind, shape, height, materials, color and location of any addition or alterations shall be submitted to the Architectural Control Committee for approval, together with building permits and any other permits and documentation pertaining there to which may be requested. Any adverse decision of the Architectual Control Committee may be appealed to the Board”.

According to this provision, I think the home owner should keep it as asphalt while replacing if the original installed roof is asphalt. If the original installed roof is wood shake the home owner should keep it as wood shake while replacing.

The president of HOA told us she has some documents to require all the houses under the HOA to maintain the roof as wood shake. However till now she can not provide further official by-laws to describe it. We have been asking for the specific by-laws since October last year and we have contacted her many many times but most of the times she doesn't get back to me. We have tried to ask the by-laws from other members of the Architectural Control Committee and no one could provide the documents. We inquired with the Village of Long Grove the staff told me the village doesn't have any mandatory regulation about the type of roof.
That is the situation we are facing.

Thanks for any advice.

Emily

If above I noted in bold is what the CCR's state then that is what applies unless there is a filed amendment changing this provision. I would recommend checking with your County Records and obtain copies of filed documents for your HOA. This way you can determine for sure if there are any amendments filed you are not aware of at this time. In some areas these documents can be viewed online via their website. Also, in some states the bylaws are also filed with County. The construction guidelines usually are in the CCR's and not the bylaws, but would be good to read and verify.

You need to be sure when contact that you do so in writing and due to your past problems I would do so via "Certified Return Receipt". This gives you a paper trail and would be proof of lack of response when they have to sign for letters received with no response. I personally would send a letter to the HOA Board Certified noting the above section in the CCR's (after insuring this is most current info) and inform them you will be replacing your roof the same as "originally constructed" on XXX date. Give plenty of time for your letter to be received and time for response ... such as 30 days. I estimate they will back off and allow new roof ... or at least should if they are smart.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JanetB2 on 05/19/2017 3:03 PM

Posted By EmilyW3 on 05/19/2017 10:18 AM
Currently I have a disagreement regarding to the roof replace with my HOA. My original roof is asphalt. And I want to replace it with a new asphalt roof. But the president of HOA requires me to replace as the cedar roof. The president of HOA can only provide the CC&R to me.
There is one provision in the section of 4.3(n) saying “No exterior addition to or exterior change or alteration in a Dwelling Unit including storm doors and windows, railings, flowerboxes, benches, shutters and seal coating of driveways shall be made without the recommendation of a majority of the members of the Architectural Control Committee and the final approval of the Board. Any such exterior addition to or exterior change or alteration to a Dwelling Unit shall be of color, design, material and construction equal to that of Dwelling Unit as originally constructed, Shall comply with all applicable building, zoning and fire laws, statutes, and ordinances and any other requirement of the Village of Long Grove, shall be performed in a good and workmanlike manner, and shall harmonize, to the satisfaction showing the nature, kind, shape, height, materials, color and location of any addition or alterations shall be submitted to the Architectural Control Committee for approval, together with building permits and any other permits and documentation pertaining there to which may be requested. Any adverse decision of the Architectual Control Committee may be appealed to the Board”.

According to this provision, I think the home owner should keep it as asphalt while replacing if the original installed roof is asphalt. If the original installed roof is wood shake the home owner should keep it as wood shake while replacing.

The president of HOA told us she has some documents to require all the houses under the HOA to maintain the roof as wood shake. However till now she can not provide further official by-laws to describe it. We have been asking for the specific by-laws since October last year and we have contacted her many many times but most of the times she doesn't get back to me. We have tried to ask the by-laws from other members of the Architectural Control Committee and no one could provide the documents. We inquired with the Village of Long Grove the staff told me the village doesn't have any mandatory regulation about the type of roof.
That is the situation we are facing.

Thanks for any advice.

Emily

If above I noted in bold is what the CCR's state then that is what applies unless there is a filed amendment changing this provision. I would recommend checking with your County Records and obtain copies of filed documents for your HOA. This way you can determine for sure if there are any amendments filed you are not aware of at this time. In some areas these documents can be viewed online via their website. Also, in some states the bylaws are also filed with County. The construction guidelines usually are in the CCR's and not the bylaws, but would be good to read and verify.

You need to be sure when contact that you do so in writing and due to your past problems I would do so via "Certified Return Receipt". This gives you a paper trail and would be proof of lack of response when they have to sign for letters received with no response. ,b> I personally would send a letter to the HOA Board Certified noting the above section in the CCR's (after insuring this is most current info) and inform them you will be replacing your roof the same as "originally constructed" on XXX date. Give plenty of time for your letter to be received and time for response ... such as 30 days. I estimate they will back off and allow new roof ... or at least should if they are smart.

Sound advice.

LetA (Nevada)
Posts: 2,679

Posted:

I would suggest going to your county recorders office and obtaining the most current recorded CC&R's that are on file with the County Recorders office.
Those would be the latest and current regs to follow.

EmilyW3 (Illinois)
Posts: 4

Posted:

Yes, I have asked for the amendment of the CC&R with president of HOA. She told me there should be an amendment but she cannot find it. She is trying to ask the vice president to find the amendment. Till now I didn't get any response from her. I really don't like the way she deal with her duty. I would stop by the house of vice president of HOA in this weekend and ask for help.

I also asked with the county and the county said that they do not have it.

MarkM31 (Washington)
Posts: 494

Posted:

I would write a letter to the Board notifying them of your intention to replace your roof with asphault shingles as per 4.3(n). Any challenges by the Board to your intention must be made in a timely fashion with substantive documentation. Baring this, you will have your contractor start work in ________ weeks.

Then be done with it, her and them.

PitA
Posts: 1,416

Posted:

Quote:

Posted By LetA on 05/19/2017 5:16 PM
I would suggest going to your county recorders office and obtaining the most current recorded CC&R's that are on file with the County Recorders office.
Those would be the latest and current regs to follow.

DITTO

If the 'amendment' was not filed in a timely fashion it does not exist.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Are you in a condominium complex?
I ask because you referenced bylaws for the restrictions and it is typical for the Bylaws of condominiums to be attached to the deed along with the CC&Rs.

What are other roofs in the development composed of?

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By EmilyW3 on 05/19/2017 10:18 AM
Currently I have a disagreement regarding to the roof replace with my HOA. My original roof is asphalt. And I want to replace it with a new asphalt roof. But the president of HOA requires me to replace as the cedar roof. The president of HOA can only provide the CC&R to me.
There is one provision in the section of 4.3(n) saying “No exterior addition to or exterior change or alteration in a Dwelling Unit including storm doors and windows, railings, flowerboxes, benches, shutters and seal coating of driveways shall be made without the recommendation of a majority of the members of the Architectural Control Committee and the final approval of the Board. Any such exterior addition to or exterior change or alteration to a Dwelling Unit shall be of color, design, material and construction equal to that of Dwelling Unit as originally constructed, Shall comply with all applicable building, zoning and fire laws, statutes, and ordinances and any other requirement of the Village of Long Grove, shall be performed in a good and workmanlike manner, and shall harmonize, to the satisfaction showing the nature, kind, shape, height, materials, color and location of any addition or alterations shall be submitted to the Architectural Control Committee for approval, together with building permits and any other permits and documentation pertaining there to which may be requested. Any adverse decision of the Architectual Control Committee may be appealed to the Board”.

According to this provision, I think the home owner should keep it as asphalt while replacing if the original installed roof is asphalt. If the original installed roof is wood shake the home owner should keep it as wood shake while replacing.

The president of HOA told us she has some documents to require all the houses under the HOA to maintain the roof as wood shake. However till now she can not provide further official by-laws to describe it. We have been asking for the specific by-laws since October last year and we have contacted her many many times but most of the times she doesn't get back to me. We have tried to ask the by-laws from other members of the Architectural Control Committee and no one could provide the documents. We inquired with the Village of Long Grove the staff told me the village doesn't have any mandatory regulation about the type of roof.
That is the situation we are facing.

Thanks for any advice.

Emily

A tough one indeed! One place it states the ACC and the Board have the say and yet the other statement says that it has to be same as original. To me, if it's the same as original the ACC and the board should not even be involved.

Are you the original owner? Was there ever a cedar roof on the dwelling?

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By DouglasM6 on 05/26/2017 8:03 AM
Posted By EmilyW3 on 05/19/2017 10:18 AM
Currently I have a disagreement regarding to the roof replace with my HOA. My original roof is asphalt. And I want to replace it with a new asphalt roof. But the president of HOA requires me to replace as the cedar roof. The president of HOA can only provide the CC&R to me.
There is one provision in the section of 4.3(n) saying “No exterior addition to or exterior change or alteration in a Dwelling Unit including storm doors and windows, railings, flowerboxes, benches, shutters and seal coating of driveways shall be made without the recommendation of a majority of the members of the Architectural Control Committee and the final approval of the Board. Any such exterior addition to or exterior change or alteration to a Dwelling Unit shall be of color, design, material and construction equal to that of Dwelling Unit as originally constructed, Shall comply with all applicable building, zoning and fire laws, statutes, and ordinances and any other requirement of the Village of Long Grove, shall be performed in a good and workmanlike manner, and shall harmonize, to the satisfaction showing the nature, kind, shape, height, materials, color and location of any addition or alterations shall be submitted to the Architectural Control Committee for approval, together with building permits and any other permits and documentation pertaining there to which may be requested. Any adverse decision of the Architectual Control Committee may be appealed to the Board”.

According to this provision, I think the home owner should keep it as asphalt while replacing if the original installed roof is asphalt. If the original installed roof is wood shake the home owner should keep it as wood shake while replacing.

The president of HOA told us she has some documents to require all the houses under the HOA to maintain the roof as wood shake. However till now she can not provide further official by-laws to describe it. We have been asking for the specific by-laws since October last year and we have contacted her many many times but most of the times she doesn't get back to me. We have tried to ask the by-laws from other members of the Architectural Control Committee and no one could provide the documents. We inquired with the Village of Long Grove the staff told me the village doesn't have any mandatory regulation about the type of roof.
That is the situation we are facing.

Thanks for any advice.

Emily

A tough one indeed! One place it states the ACC and the Board have the say and yet the other statement says that it has to be same as original. To me, if it's the same as original the ACC and the board should not even be involved.

Are you the original owner? Was there ever a cedar roof on the dwelling?

Oops, I messed up the bolding on the first one. It would be nice to be able to edit on this site!

A tough one indeed! One place it states the ACC and the Board have the say and yet the other statement says that it has to be same as original. To me, if it's the same as original the ACC and the board should not even be involved.

Are you the original owner? Was there ever a cedar roof on the dwelling?

EmilyW3 (Illinois)
Posts: 4

Posted:

Unfortunately, we did not get the amendment of the restriction of the roof material from HOA till now. We are the second home owner and we are informed by the previous owner that the roof was originally constructed as asphalt. There are 3 original asphalt roofs out of 16 under the HOA.

At this time, we are planning to find a attorney to send a formal letter to the HOA. What we need the attorney to do is sending a letter to the HOA on our behalf and asking them to provide the amendment that they cannot or will not find that stipulates about roof replacement within a legitimate time frame.If the deadline passes or is passed, and we don't receive any the missing amendment that supposedly exists according to what the President of the HOA said, are we able to replace our roof with a new asphalt roof.

If we send a letter(mail) by ourselves, it will work or not?

The problem is that we have no idea how to find a lawyer whose business scope will cover our case. And usually how much dose this kind of case cost? Thanks for any advice.

DouglasM6 (Arizona)
Posts: 724

Posted:

Many times people consider a letter to be an amendment to the CC&R's, as long as the letter agrees with them. I think contacting an attorney is a wise move. If you do a search for HOA attorney in your area you should be able to find one. They, unfortunately, usually do not offer the customary free consultation.