QUESTION

I had my roof replaced after a recent Hail storm and the HOA is now telling me I mujst replace it as they (the Board) does not like the color we chose

Asked on Sep 01st, 2011 on Residential Real Estate - North Carolina
More details to this question:
Do I have any recourse even though I did not send in the appropriate architectural form? The cost of the roof was $8k...
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1 ANSWER

Financial Planning Attorney serving Brooklyn, NY
3 Awards
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
Answered on Sep 02nd, 2011 at 12:13 PM

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