Can the HOA actually do this..............?

Question

We did not realize that you had to get the HOA to approve it if you were getting a new roof. We had damage to our roof from a storm and contracted to get a new roof put on. When the job was 80% complete, we received a letter from the HOA stating that we were in violation. They said that if the board did not approve the new roof that we would have to remove it. Can they do this? If so, what would happen if we refused to do it? We live in house not a townhome and own the home.

Answer 1

At the time you bought the house, you were made aware that the property was part of an HOA.  You should also have gotten a set of the HOA documents.  If the sellers didn't provide them no later than closing, then it was up to you to ask for a set.

But this is fairly common.  You will see that even in neighborhoods with single family homes, the HOA can control the type and style and colors of your roof.  This is stated in the HOA documents, as well as information for what to do to get approval before you start a large job.

Get the name of the property management firm that handles the HOA's business and get a copy of the covenants and restrictions and whatever other documents you need.  Then read them.  Many HOAs have SIGNIFICANT control over what you can do to your yard or the outside of your home, or how many and what types of vehicles you can park in your driveway or on the street.  Better to read them before you get another violation notice.

If you don't like the rules, you have 2 choices:  sell your house and move, or join the HOA board and work to change the rules.

Answer 2

It depends on what your HOA membership agreement/contract states.

If you are replacing your roof with an exact replacement, they can't really do much.  Except maybe claim it's a violation to have work done without prior approval. Which you could fight this easily.

If you changed the color, style, or anything other than what was on it previously, yes they can "mess" with you. HOAs are just bad, bad, bad things, for the most part. They are good for keeping people in line. But don't even try to act like a "real" home owner with them.  Because you have no choices except for what they approve.

Sell! Sell! Sell!