HOAs & Roof Color, Type, Solar Panels etc.

Homeowners associations can, and often do, have strict codes or rules, called covenants, conditions and restrictions (CC&Rs). These documents cover how the homeowners association operates and what rules the owners must obey. These are legal documents (also called bylaws, master deed or houses rules) that are legally enforceable by the HOA. These CC&Rs can be incredibly detailed, right down to the paint and roofing colors acceptable in the neighborhood. That holds especially true for roofing materials, types and colors.

Here in Arizona, most often that roofing code in HOA communities is very narrow – Spanish style roofing tile, terracotta in color, or maybe it is all slate roofing in a certain color and style.

The scary part is that the HOA can impose some horrendous fines, put a lien on your home and even take you into foreclosure for non-compliance. And because the CC&Rs are legally enforceable, more often than not, the non-compliant homeowner will lose a court battle.

Here’s a perfect example. In Celina, Texas, the Hawkes, who live in Carter Ranch (an HOA community) replaced their roof after a hailstorm. They were told the only option was to replace it with shingles in a color called weathered wood. The Hawkes chose something different and although they thought it had been approved by the HOA committee, during the roof replacement, the HOA showed up and told them to stop construction. Then the fines started — first $25 a day, then $50, then $500.

In Pacific Palisades, California, another homeowner installed solar panels despite the fact that the HOA’s Architectural Control Committee denied the project. The HOA took the homeowner to court and won. Not only was the homeowner asked to remove the solar panels and return the landscaping to its original condition, but the homeowner also had to pay the HOAs attorney fees.

The long and short of it is, be sure to run any roof replacement ideas through your local HOA’s Architectural Control Committee (or the equivalent in your neighborhood) before hiring a contractor and purchasing the roof materials.