You must check your homeowner's association documents very carefully. They will very often specify certain areas of responsibility or requirements for repair and/or maintenance. Some homeowner's associations have gone to extremes in enforcing these rules. There have been instances where a homeowner was jailed for contempt of Court for failing to maintain a lawn properly in violation of the Court order directing him to comply with such directives.
If the homeowner's association rules are specific to your situation, you may be required to replace the roof. If there is nothing directly on point, you may be able to argue against the HOA position. You should absolutely seek the advice of local counsel familiar with real estate/HOA law to examine your documents for more information.
-Alfred Polizzotto, III
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