HOA is forcing all homeowners to have their roofs replaced

Were all the units built at the same time? How many years ago? Are these considered
individual homes, not condos?

15 years in Florida could very well be time to replace roofing - the heat and moisture are tough.

What do the other members of the HOA say?

It does sound like the Board has not been collecting sufficient Reserve funds to replace the roofs ... THAT is a big deal that needs to be corrected so this special assessment scenario doesn’t happen, again.

It sounds like your HOA has to do a special assessment to afford the roof replacement. Doesn't sound like they are fully funding a reserve account. Plus they would need to vote in the special assessment to have the 10K raised. Did they take a vote of the members to approve?

When you live in a HOA it is NOT about "You". It is about YOU and YOUR neighbors. So if you have 16 units with bad roofs, and the HOA is responsible for replacing roofs, you ALL pay for those 16 roofs whether you live under one of them or not.

-- Ask the HOA manager for a copy of the CC&Rs. The CC&Rs will explain why, once you buy a home in this HOA, the board can legally replace all roofs and bill the members.

-- Once you are a member, you can vote out the current board and vote in a new one. It's often not easy to do.

-- The HOA should inform your lender of the special assessment. Then the chances are good that the lender will disqualify you for the home loan.

Seems to me you are paying for the period of time the person before you used it. The whole concept of fully funding a reserve account is paying for what you use if don't have a fully funded reserve account and do what you suggest the new owner would be paying for what someone else used.

Toxic mold can develop from roof leaks and this can cause serious health problems.
If your association is responsible for roofing your association could be at risk for potential law suits for negligence. Also, check with your insurance company to see at what roof age they will no longer provide homeowners insurance. I'm still not clear on whether these are condos or individual homes.
Does the association own the property around your home or do you own the lot?

Joseph

It is entirely possible the BOD could order all roofs replaced and maybe even by whom. Read your docs.

If you disagree with the BOD consider recalling/replacing them and reverse the decision.

Unless your docs call for the HOA to pay for roof replacement (as do ours) the reserves have nothing to do with this.

30 year financing for $10K is foolish. It should be paid off in 5 years or less. The HOA could make some arrangements for a loan and payments be made as part of one's dues. This would assure the job is done when needed and properly. With just ordering each owner to do so, some will tell them to go to hell.

Sam

You are right. If the roofs were deteriorating and looking shabby, most docs would allow the HOA to order the roof be replaced. It will all be in the docs.

We are sometimes questioned on our decisions especially concerning landscaping. As we strive to maintain a harmonious look, we say no planting can be replaced unless replaced with an identical species. Nowhere in our docs is that said (ala identical species) but there is part of our docs that empowers` the BOD to maintain a common look. I say under that "common look" we could order a roof(s) replaced though not specifically applicable to us as the HOA replaces our roofs. Of course we could also be voted out.........LOL

I believe the OP could get a group to challenge the BOD's decision based on a few roofs leaking is not grounds for all roofs to be replaced. What should be done is for a reputable roof inspector to inspect and give their opinion. That is what I would be requesting.

I am still confused why Joseph has not mentioned anything about the reserves the HOA has been collecting for future Roof replacements. They have to have reserves for all of the common area including the Roofs. A good portion of the reserves should be used for this first and if a special assessment needs to be done it should be for the additional funds needed.

My take of his post is the reserves may have been neglected and the owner who decided to sell must have known of this pending issue. I would check and see if anyone in the HOA has been posting this on Social media or in recent minutes. I am not a Realtor or a Lawyer but have bought and sold several properties over the years. The seller is responsible to fill out Disclosure forms that declares any known issues with the property he wants to transfer.

I would try my best to cancel the sale or at a minimum have the sales priced reduced by the estimated cost of the Roof. If they try to tell you otherwise you may need legal advice. No matter what else happens the HOA appears to be run by a bad bunch of Board members.

This will be a mystery until the OP tells us.

That describes my HOA to a T. We're not technically a 55+ community, but in a de facto sense, we are. As we approach 15 years on the roofs (in 2022) short several hundred thousand dollars in the roof reserves, the board's current plan is to rely on the recommendation of a local roofer as to when a roof needs to be replaced. The original reserves plan called for a 20 year lifetime when they would all be done at once (we have 75 buildings, some attached duplexes and some single-family unattached) and the gripes are already starting about the tentative re-roofing schedule. Based on recommendations from a single roofer, the board thinks it will be able to juggle re-roofing on an as-needed basis. It will be touch-and-go because there are no roofs currently leaking. The past 3 boards have steadfastly refused to engage the services of an expert or an independent professional with no "skin" in the game.

Your board had better do their due diligence and get opinions from more than that one contractor. Florida statute requires competitive bidding when a project exceeds 10% of the annual budget.

720.3055 Contracts for products and services; in writing; bids; exceptions.—
(1) All contracts as further described in this section or any contract that is not to be fully performed within 1 year after the making thereof for the purchase, lease, or renting of materials or equipment to be used by the association in accomplishing its purposes under this chapter or the governing documents, and all contracts for the provision of services, shall be in writing. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association that exceeds 10 percent of the total annual budget of the association, including reserves, the association must obtain competitive bids for the materials, equipment, or services. Nothing contained in this section shall be construed to require the association to accept the lowest bid.

I hate to say it, but your example is exactly why I'm against self-managed associations. I'm not saying that because I do it for a living (and personally I avoid working for a management co. whenever possible); I say it because self-managed tend to do exactly what you're describing.

There are a very few of us who don't work for management companies. The reason for that is that there are few associations who hire its own employees; it's easier to contract with a management company (the mg't co. has all the infrastructure in place: software, etc.). When I have worked directly as an employee of an association I have found the position on sites like Indeed or on sites like this one.

To carry this out a bit further: the reason I stay away from management co.'s is the politics (and you'll quickly be "thrown under the bus" if the mg't co. thinks it might lose the contract (has happened to me)). One thing I've found about working as the CAM directly for the association is that it's like working for any other company: no having to go to board for every decision -- the board sets policy. Think about it like this: does the manager of an Apple store get permission from Apple's board of directors to enter into a vendor contract or sign a store lease?

Another thing I never do is sit with the board at meetings (and I certainly do NOT run the meetings (I have worked for management companies that expected both)). My general procedure is to meet with the president and secretary (along with my secretary, and, sometimes other board members will be there) and set the agenda, then I print the month's income/expense statement and balance sheet and give them to the treasurer, then I give my manager's report to my secretary, then my secretary prepares the meeting packet and gets it to all the board members. At the meeting the president runs the meeting, the other officers give their reports, and I answer questions the board may have about anything that happened in the past month and/or I'll announce and discuss information that affects the community (such as at one community the county was changing all the house numbers and some of the street names). You'll notice that I left out the delinquency report from the reports given to the treasurer/board; that's because handling delinquencies were my job, and the board just expected to do my job.

If you want to talk me let me know and I'll give you my private contact info.