Make an appointment with a good real estate lawyer in your area to review your closing documents. That will include your deed and the documents creating your HOA. Ask him/her what liability the HOA has to repair the roof. Make sure he/she knows about the delays.
If there is liability, you then need to retain the right attorney to file suit against the HOA if necessary to get the repairs done. Many real estate lawyer are "transaction" attorneys and do not spend much time in court. Some do. The real estate attorney you confer with will let you know whether he/she can or will undertake litigation on your behalf. If not, he/she will probably be able to refer you to a good trial lawyer.
If the documents do not impose liability on the HOA to make the repair, you may not have a remedy other than to fix the roof yourself. But the documents will say.
Answered on Feb 07th, 2012 at 7:05 PM