How Approved Roof Color now say oops

Started by ConnieR4 • 7 replies • 550 views

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ConnieR4 (Florida)
Posts: 3

Posted:

Hi everyone.

Long story short. I put in an ARC for new roof for a townhouse. I put in same color as now because it’s obvious we can’t choose any color. I wrote in white. They emailed me twice to confirm color and yes white. They approved it and now that it’s finished they are saying wait a minute color is way off. Should have been cream. Now what!?

LetA (Nevada)
Posts: 2,679

Posted:

Why are you as an individual owner replacing the roof of a townhome by yourself? Usually townhouse roofs are a common element.

ConnieR4 (Florida)
Posts: 3

Posted:

Not in this complex. Each owner is responsible for their own.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Connie, you acted properly.

You requested, in writing (I hope), approval for a new roof.
The ARC confirmed color (in writing I hope).
The ARC approved.
You installed approved roof.

If the Association wanted to take you to court over the issue, they would likely lose because you acted in good faith.

Keep acting in good faith.
A compromise would be for the Association to notate your file that the color should have been xyz and that when the roof needs to be replaced again, the color will be xyz.

If the Association wants it changed now, they can pay for it, as you acted in good faith and would suffer damages (the replacement of the roof) if they insisted on changing it now that it's installed. You would have a right to recover those damages.

LetA,

I live in a town home development.
The town homes are staggered in set back and height.
This creates no common elements except the adjoining walls (which is a neighbor/neighbor issue not an HOA issue).

ConnieR4 (Florida)
Posts: 3

Posted:

Yes I have it all in writing-thank goodness this happened when COVID started and they were doing everything through email. I sent them screen shots of our conversations in which they asked three times the color and three times I said "WHITE" and now they say oh it's too white. I told them it was within their right to say no or to correct the color prior to project starting and it's on them to rectify it if they wish.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By ConnieR4 on 04/22/2020 6:38 AM
Yes I have it all in writing-thank goodness this happened when COVID started and they were doing everything through email. I sent them screen shots of our conversations in which they asked three times the color and three times I said "WHITE" and now they say oh it's too white. I told them it was within their right to say no or to correct the color prior to project starting and it's on them to rectify it if they wish.

If you have the ARC signed and approved by any board member, the PM, or ARC committee, then you tell the HOA to go pound sand.If the HOA wants to fight it, tell them go ahead. If they take any recourse they will lose, you have the upper hand here.

SueW6 (Michigan)
Posts: 814

Posted:

I could never figure out why the ARC or the board does not make up a presentation board showing approved roofing materials, exterior color samples, approved materials, and landscaping suggestions - all with connections to merchants or service contractors.

BillH10 (Texas)
Posts: 1,217

Posted:

Sue, we did exactly that in the association in which we formerly resided, down to including the Sherwin Williams, Behr, etc. color names and identification numbers, roof shingle manufacturers and colors and so forth.

We stayed away from listing contractors as we did not want the association involved in any disputes should there be an issue with the work.

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