GREEN roof violation

I'm new to HOA Talk but could use some advice. We have an owner in our subdivision who put a GREEN roof on his home without obtaining architectural pre-approval. Of course this would not have been approved as ourneighborhood is all varying shades of black, gray, or brown depending on the age of the roof. The lawyers sent them a letter instrucing them that per our Covenants they must replace the roof and be charged $25/day until they do. They are, of course, pitching a FIT that we'd ask them to replace a "perfectly good roof". The women even threatened to sue us if the stress of this situation causes her to have a 2nd stroke. Any ideas, suggestions. The neighbors directly around them are understandably upset. Our lawyer says the law is on our side, but it's a matter of how far we are willing to take it.

This is an example of why is it very important that the BOD periodically remind all members of the importance to obtain prior approval for any change being contemplated to the exterior of their home. If in doubt, just ask!

Or a metal roof?

We have a resident who has a green metal roof.

We get residents calling us periodically to complain, both that it is metal and green.

But, it was that way when it was built and the developer approved it.

Plus we have NO restriction in our CC&Rs that covers roofs with the singular mention that they cannot be corrugated.

And no restriction whatsoever on color.

Side note: the more I read here regarding complaints on colors of windows, roofs, etc, the more pleased I am that we don't have such restrictions.

The only time color is mentioned is that sheds must match the coloration of the main house (roof, trim, exterior material) as closely as possible.

Just curious: Are these town homes or SFDs?

And what do your docs specify as to color? And is it in the ByLaws, the CCRs, someplace else?

Based on that language, I'd agree the Member is in violation of the request/application requirement and that your BOD or ARC can insist on removal or an acceptable fix.

But...the "harmony" thing is kinda loosey-goosey, wouldn't you agree?

And as you're in SFDs, is this color really so offensive that some other Members are talking suing the HOA? Or, put another way, what if the BOD/ARC approved a properly submitted application? Still an issue? Or is it possible there's more afoot as to this particular Member aside from roof color?

Ah. A sore Green thumb!

Okay, Steph. You convinced me. Go get 'em, tiger.

Stephanie,

Frankly after reading the A/C guidelines you posted, I don't see anything about regulating the color of anything. All it specifies is: "the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures". Only the design and location must be in harmony with surrounding structures. My AC guidelines have very explicit requirements for exterior colors and roof colors.

"or change or alteration therein be made until"

This is the line that makes this an issue for review.

MaryA1,

This H/O did not submit anything and changed their roof without any approval at all. That paragraph clearly states that if you make a change or alteration you must submit those items.

No building, fence, wall, antennas, satellite dishes or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee......

With the requirement of approval, there is lateral flexibility in regards to color.

Of course that is just my opinion.

If one repairs something it should be done with what was initially approved. But to repair something and change the appearance, that should go to committee.

This is getting beaten more than a rented mule.

But let's look at Mary's post of yesterday:

>>>Stephanie,

Frankly after reading the A/C guidelines you posted, I don't see anything about regulating the color of anything. All it specifies is: "the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures". Only the design and location must be in harmony with surrounding structures. My AC guidelines have very explicit requirements for exterior colors and roof colors.<<<

Interesting observation. And let's say it's an arguable one.

If so, the BOD or ARC has the call on whether we have a violation here. As no plans were submitted for approval, the 30 day period hasn't started to run, so this is in HOA limbo unless...

Your docs REQUIRE (as opposed to ALLOW) the BOD to punish violations. Which is it?

As for Membership suing the BOD because of roof color decrease in valueism, that's a crock. Sure, they COULD, but how is that gonna be proved?

My AC Guidelines are explicit that exterior paint colors must be approved. But, regarding this case I still contend paint colors is not mentioned in the CCRs, as I've explained previously. Therefore, there is no violation by changing the paint color or installing a roof that is a different color from those in the community. If something is not required to be approved then there cannot be a violation for doing it w/o approval. IMO, the board is extending their authority by requiring prior approval for exterior colors. Just my opinion, of course.

Charlie,

But, color is NOT defined. You cannot take the statement out of context, you must read the whole thing. It says:

". . .nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing. . ."

This is in reference to the "change or alteration" and nothing is said about color. In other words, it says if the "nature, kind, shape, height, materials or location" change then the request must be made prior to the work. If it were meant to apply to color then the word "color" would be listed there. You cannot add words that are not there!

Guess we'll have to agree to disagree on this one!

Thx, Michele! As I stated earlier, my A/C guidelines explicitly state "exterior color" must be pre-approved; these guidelines do not say anything about color. All I can say is that Charlie should know that we're always right!! LOL

Thanks for the input you guys. I didn't know people were so passionate on here. LOL! I feel like I'm in my neighborhood with everyone fighting and an owner petitioning to keep her green roof. At the end of the day the lawyers for our neighborhood do acknoweldge that our Covenants SUCK in that they don't specify things that ya'lls do as in SPECIFYING color, etc. They say that they implied defination of change in nature or kind includes brand, type, color, etc.

I looked up the definition of "change" and have to agree: to make the form, nature, content, future course, etc., of (something) different from what it is or from what it would be if left alone

Our website and ACC form also required chips and colors be required. So... they say we are stuck pursuing these guys to change their roof. It totally sucks but the lawyers say from a legal standpoint we have an obligation to uphold the Covenants or we could have a legal liability (yes it has to be proven, but it's still a fight) to other owners. Also, if we don't enforce our ACC rules then we'll have a green roof, a purple porch, a yellow and pink house, overgrown grass and bushes and people adding on whenever they feel like it which defeats the point of being an HOA in the first place. We cannot pick and choose which Covenants to enforce and which to not. I hate being on the Board sometimes!!

Thanks for the discussion. Gave me some things to consider Like we need to better specify these things in our Covenants. Along with ALOT of other changes we are making.