Can an HOA make us replace our new roof?

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Can an HOA make us replace our new roof?

Due to storm damage a year ago, we had to replace our roof. Due to high demand on roofing materials we had to choose a color that was close to what we had. The work was done 6 months ago. We received a letter from the HOA a month later stating that we didn’t get permission, so we submitted the proper paperwork. Now we just heard from the HOA and they denied our request, giving us 30 days to replace our already new roof and fining us $300 per month that it is not replaced. It is also threatening with a lien on our house. We own this house outright, no mortgage, etc. What are our options?

Asked on March 13, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are in a difficult situation due to the need to replace your roof at a time when supplies were in short supply. I suggest that you consult with an attorney who does work in planned unit developments like the one you are in to see what can be done to allow a waiver of the roof color due to the lack of materials available when it was installed.

One option is that possibly and depending upon the type of roof that you had installed you could have a painter spray paint it the accepted color that the HOA wants. That way for $500 or so you appease the HOA and do not have to install a new roof for one that is already new.


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