Expert: liznarr - 6/11/2009

Question
I live in the Houston area and replaced the roof on my home in February of this year after damage from Hurricane Ike. Two months later, I received a notice from my HOA that the color of my shingle was in violation of the bylaws and I needed to fill out an application to the ARC. I did this and they denied my request. I then appealed to the HOA board and they also denied my request. My roof was weathered wood and I replaced with charcoal. The roofs in my area are black with soot and mold and the color of my roof isn't noticeably different. (In fact, I thought my roof was black). The bylaws state that the roof should be "comparable in color to weathered wood". I have talked with an attorney and still don't know what to do. I have my house on the market as I want to move closer to my kids. The HOA has not told me what I need to do. Replacing the roof seems extreme to me. I have the best roof in the neighborhood. Can I sell my house with this violation? Of course, I would disclose this information and make some sort of  monetary allowance for any future enforcement by the HOA.
Just a side note, every neighbor that I've spoken with literally hates the HOA. I understand the need to protect home values but a lot of what they do is borderline harrassment. In my case, the woman who owns the management company of the HOA is married to a board member. Isn't this a conflict of interest?
Thank you very much.

Answer
Hi Jan,

Sorry to hear of your problem.  I hear complaints about homeowner associations frequently.  

If you want to try and make some changes in your subdivision, get a copy of your HOA Bylaws and see how many votes it takes to change the restrictions.  Since you say that many of the homeowners in your subdivision are unhappy with the HOA, it might be worth a concerted effort to try and change some of the restrictions; but you will need the required number of homeowners to make this happen.  Circulate a petition and see if you can get the required number of signatures and, ultimately, votes at a HOA meeting to change some of the Bylaws.

You should also encourage these other unhappy homeowners to start attending HOA meetings, and try and vote in new Board members at future meetings as terms expire.  It takes active participation by the homeowners to have a strong association.

Many times, HOA officers take their duties too seriously and really can harass some of the homeowners.  I have experienced this myself personally with a rental unit I own, with my tenant having been falsely accused of different actions by … none other than a Board member.

Since you state that (1) Your roof color is not noticeably different from others in the area, (2) The bylaws state that the roof should be "comparable in color to weathered wood,” and (3) Your appeal to the HOA Board upheld the ARC decision, it sounds like you are definitely at a stalemate with the HOA.

To remedy violations of a HOA, the option available to the HOA is to bring litigation if you cannot reach an agreement.  Local law enforcement has no authority to enforce.  If you do not want to fight the HOA, I would call a roofing company and ask about spray painting the roof; I’ve heard of this being done before, although it’s not that common.  There is always more than one way to “skin a cat.”  Before attempting to paint roofing shingles, make sure you thoroughly research the subject and speak with painting professionals.

Here are a few links to sites advertising shingle painting:

http://www.bobvila.com/wwwboard/messages/202587.html

http://www.somay.com/roof_coatings/roof_paint_shingle/roof_paint_shingle.html

http://www.ehow.com/how_2105261_paint-asphalt-shingles.html

Another thought for you is to review the HOA restrictions carefully and look for other violations in your area.  Are all the roof colors compliant?  Is all the fencing constructed as the restrictions call for?  And on and on.  If you find other violations, insist that the HOA also enforce ALL violations.  If they do not, you should talk with a good trial attorney about being singled out and discriminated against.

As far as the owner of the management company being married to a Board member, that certainly doesn’t sound too kosher and gives the appearance of impropriety in an instance such as yours.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth