replacing an area on the roof

Started by KarenF8 • 14 replies • 710 views

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KarenF8 (New Jersey)
Posts: 5

Posted:

How much of an area of the roof can be replaced without filling out the proper ARB form? Our rules and regs say that that no exterior changes may be done without approval. The contractor is saying in NJ a small portion can be replaced without approval

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Rule of thumb... NEVER listen to a contractor telling you anything about your HOA!!! They ONLY want the work. Could care less if it is in violation with your HOA or not. They will leave you high and dry or convince you to do more of the roof.

When living in a HOA always ask for PERMISSION 1st than apologize later. Believe it or not, they could actually be saving you here in this kind of request from some scrupulous contractors.

Now if this was to repair a hole or damage, then it could be a different story. Just in regards of temporarily putting a tarp on or shingles for a hole. I'd still submit something to the HOA so they understand a temporary damage fix. Just make sure the materials you using match.

I had a tree fall on my roof recently. Put a hole in it. Hired some contractors to fix the damaged part. Little did I know that they fixed it but used completely different shingle color. They did what I paid them for. Replaced the area of damage. It just wasn't spelled out to be the SAME materials. Was trying to avoid filing an insurance claim...

Former HOA President

KarenF8 (New Jersey)
Posts: 5

Posted:

Is there such a rule that they can replace a portion to fix a portion to cover a leak without approval?
The contractor is doing it now. They renters living there did not submit an ARB form. A portion of the roof is already ripped off.
I notified them that they needed to stop and file the proper forms. They will be fined but the contractor is saying that in NJ they can replace a portion to fix the hole without permission.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Why do your rules say? CCRs? R&Rs? Ask the ACB or approval chain for an immediate ruling?

If a roof is leaking, the leak must be stopped- you can't ask someone to submit forms to stop a leak. Once the leak is repaired, then the roofing material will need to be replaced - if it is the same roofing material, then I suspect you are OK.

Contractor has zip to do with this.

Renters have zip to do with this.

Any issue regarding roofing look and type (other than a leak) is likely only between the owner and the Board/ACB.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say if a repair and the end result is identical then there is no need for approval.

AugustinD
Posts: 5,144

Posted:

A repair restoring a roof to its prior condition before the damage occurred is not an exterior change.

KarenF8 (New Jersey)
Posts: 5

Posted:

Im asking because I am a board member. There are to be no changes to the exterior without approval. So the owner will be fined for not filing an ARB form and not receiving approval before starting the work as per our rules and regs. . These are troublesome renters and we have had many problems with them.
We the Association are in the process of getting proposals for the entire roofs to be changed in the exact same color as our rules and regs state.

As far as the violation, the contractor said that there is a rule that allows them to change a portion without approval. Ive looked on the internet and cannot find such a rule.
Im just asking for anyones expertise in contracting building rules, before we send the violation.
I appreciate everyones input.

KarenF8 (New Jersey)
Posts: 5

Posted:

They changed the shingles. All of the exterior must remain the same as per our rules and regs.

KerryL1 (California)
Posts: 14,550

Posted:

First, Karen, why is your board dealing with the tenants at all?? You should only be dealing with Owners UNLESS your documents somehow say otherwise, which I doubt. This also means you cannot fine the tenants, only the owners.

But, in this case, fine the owners for what? A roof patch of the SAME color and material as the original is NOT a "change" as other posters have pointed out.

SamE2 (New Jersey)
Posts: 310

Posted:

Some towns and cities do not require permits for repairs and patches to roofs but do require them for replacements of greater than some percentage. However that has nothing to do with what the HOA requires. Who is responsible for the roof the HOA or the unit owner? IF the roof is the owners responsibility than he would be required to get approval unless he replaced the bad shingles with ones that looked the same and you could not tell where the new shingles where installed. If he changed the appearance he needs the HOA approval.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By KarenF8 on 11/30/2019 11:39 AM
They changed the shingles. All of the exterior must remain the same as per our rules and regs.

Are the new shingles a different color (setting aside differences due to the sun fading the surrounding, old shingles)? A different material?

Maybe I am reading you wrong. But for what it is worth, most of the regulars here do not post off the top of their heads. What they say is based on a lot of study of statutes, covenants, case law interpreting statutes and covenants, and HOA attorneys' advice over the years about enforcing the covenants et cetera.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I agree with Kerry. Why are you dealing with the tenants and why would they be responsible for submitting a form? This sounds like it's more of a repair situation if not emergency. Hopefully they replace the shingle with matching shingles. Sounds like they will be on the list for a roof replacement when the time comes.

The tenant's and the contractor have NO involvement in the HOA at all. The contractor is lying. The owner should be involved.

Former HOA President

KarenF8 (New Jersey)
Posts: 5

Posted:

The owner will be fined as stated.The shingles are different then the ones already there .

I just happened to be outside when I heard and saw this happening. So I asked why they were replacing the roof without approval or submitting the proper forms. I told him to cease work until the forms are in and approved. Thats when the contractor told me that they do not have to submit anything to make a repair to half of the roof. They told me theat the owner gave them approval. i had to let them know that the person there was a renter. The renter has no authority , i know that.

I went to the computer to see if there were any such contractor building rule/ allowance before we apply the violation and fine. I could not find anything so I decided to ask all of your opinion.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

First part - If the roof was leaking, it needed to be stopped. The renters could certainly arrange for this on behalf of the owners, as could a management company rental agency. This require no permission as it was leaking.

Second part - once the leak is repaired, then, given the roofing material is the same, it can be repaired - without permission. Obviously, a different material, color, etc, cannot be used.

Karen - am I missing something?

GenoS (Florida)
Posts: 4,276

Posted:

In my opinion, the roofer is ignorant, confused, or lying.

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