BillA8 (Florida)
Posts: 1
Posts: 1
Posted:
I live in South Florida and serve on the ARC of our subdivision. Our subdivision has NO stipulations about roof replacement so we refer to the Master association covenants. These covenants have not been updated since the late 1990s. Our area is affected by hurricanes almost yearly and as a result many building codes and products have changed since these were written. The covenants are poorly written and misleading in regards to the intent of the statement but reads: All roofs must be replaced with either barrel tile or flat concrete tiles as originally installed on all homes. Only metal roofs may be permitted if the material is substantially similar in appearance of the roof as originally installed. The intent is to retain the look of the roofs that were originally installed.
A home owner has asked for a new product made from a composite that is an impact roof and superior to barrel tile for hurricane protection and insurability. There are 5 members on the ARC, myself an engineer, an actual roofing contractor, and 3 other members with no construction background. The roofing contractor said, "this is state of the art and the way of the future, I would put this on my roof if I needed one." He approved the product as did I. However we were outvoted. The other 3 members said they, "didn't like it and they didn't like the color (brown)" The 2 of us stated that it looks like barrel tile as the intent of the standard stated and no colors are mentioned as to which could be approved or not approved. There are dark gray and mixed brown roofs in our subdivision.
I would like other's opinions as well as guidance. I feel we are not complying with the actual intent of the covenant which is to maintain the "original look." The roofer and I stated that it is in the best interest of the homeowner and his property to have this product approved and that it is not mentioned in the covenants b/c they are so outdated. We pointed out that metal roofs that looked like barrel tile were included b/c they existed at the time of the writing. However, it meets the standards of the covenants b/c it looks like barrel tile. I feel that for the others to say "I don't like it" is making a decision arbitrarily and not objectively based on the covenants.
Also, there is no process for the homeowner to appeal. Is it required for them to have a recourse by law? Is there anything they can do b/c I am outnumbered and don't feel this was a fair decision?
Thank you for any comments and suggestions.
A home owner has asked for a new product made from a composite that is an impact roof and superior to barrel tile for hurricane protection and insurability. There are 5 members on the ARC, myself an engineer, an actual roofing contractor, and 3 other members with no construction background. The roofing contractor said, "this is state of the art and the way of the future, I would put this on my roof if I needed one." He approved the product as did I. However we were outvoted. The other 3 members said they, "didn't like it and they didn't like the color (brown)" The 2 of us stated that it looks like barrel tile as the intent of the standard stated and no colors are mentioned as to which could be approved or not approved. There are dark gray and mixed brown roofs in our subdivision.
I would like other's opinions as well as guidance. I feel we are not complying with the actual intent of the covenant which is to maintain the "original look." The roofer and I stated that it is in the best interest of the homeowner and his property to have this product approved and that it is not mentioned in the covenants b/c they are so outdated. We pointed out that metal roofs that looked like barrel tile were included b/c they existed at the time of the writing. However, it meets the standards of the covenants b/c it looks like barrel tile. I feel that for the others to say "I don't like it" is making a decision arbitrarily and not objectively based on the covenants.
Also, there is no process for the homeowner to appeal. Is it required for them to have a recourse by law? Is there anything they can do b/c I am outnumbered and don't feel this was a fair decision?
Thank you for any comments and suggestions.