Does prescient issues supersede covenants

Started by EdithB1 • 5 replies • 644 views

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EdithB1 (Texas)
Posts: 1

Posted:

For over 10 years at ACC approved shed roofs to be different from residence ever though Covenants state otherwise. Suddenly new ACC members decide not allowed. My house roof is silver metal. My house is beige with brown garage door, shutters, front door. My shed is beige paint and has a brown door and trim. ACC denied my request for a brown roof since my house roof is silver metal and said I had to use dark charcoal gray.
State law says
A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner’s property from installing shingles that: match the aesthetics of the property surrounding the owner’s property.

CathyA3 (Ohio)
Posts: 6,299

Posted:

It sounds like the previous ACCs did not do their jobs and the current committee will do so going forward. What is usually recommended in such cases is that shed roofs that are not in compliance should be grandfathered with the provision that the violation be corrected when the shed is repaired/replaced. New applications to the ACC must comply with the standard.

Of course anybody can fight about anything. You should be aware that if you want a ruling that overrides the HOA, you're talking about legal action. This is time-consuming, expensive (for you personally and for the HOA), and it may not go your way in the end. You want to do this for... a shed roof?

Pick your battles.

KerryL1 (California)
Posts: 14,550

Posted:

Agree entirely with Cathy.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CathyA3 on 03/27/2021 5:22 AM
It sounds like the previous ACCs did not do their jobs and the current committee will do so going forward. What is usually recommended in such cases is that shed roofs that are not in compliance should be grandfathered with the provision that the violation be corrected when the shed is repaired/replaced. New applications to the ACC must comply with the standard.

Of course anybody can fight about anything. You should be aware that if you want a ruling that overrides the HOA, you're talking about legal action. This is time-consuming, expensive (for you personally and for the HOA), and it may not go your way in the end. You want to do this for... a shed roof?

Pick your battles.

Sound advice. After all, it is a shed so how important can roof color be? Go with the flow.

BenA2 (Texas)
Posts: 1,273

Posted:

I think that grandfathering would only apply if you changed the deed restrictions. Then you would be able to allow different treatment of past violations because the owners are agreeing to it.

What has happened here is the previous ACC appears to have abandoned a portion of the covenants by allowing sheds to have different roofs for ten years. They essentially changed the rules by allowing violations for ten years and can't simply change back. I would definitely consult with an attorney before denying something you have allowed for that period of time.

BenA2 (Texas)
Posts: 1,273

Posted:

Quote:

Posted By EdithB1 on 03/26/2021 8:12 PM
For over 10 years at ACC approved shed roofs to be different from residence ever though Covenants state otherwise. Suddenly new ACC members decide not allowed. My house roof is silver metal. My house is beige with brown garage door, shutters, front door. My shed is beige paint and has a brown door and trim. ACC denied my request for a brown roof since my house roof is silver metal and said I had to use dark charcoal gray.
State law says
A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner’s property from installing shingles that: match the aesthetics of the property surrounding the owner’s property.

Also, the parts you left out of Sec 202.011 of the Texas code are very important.

Sec. 202.011. REGULATION OF CERTAIN ROOFING MATERIALS. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that:

(1) are designed primarily to:

(A) be wind and hail resistant;

(B) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or

(C) provide solar generation capabilities; and

(2) when installed:

(A) resemble the shingles used or otherwise authorized for use on property in the subdivision;

(B) are more durable than and are of equal or superior quality to the shingles described by Paragraph (A); and

(C) match the aesthetics of the property surrounding the owner's property.

You must meet one element of section 1 and all three of section 2.

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