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Association requiring owner to upgrade roof to match aesthetic changes

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Q: Q: Where can I find information about the power of the Homeowners Association? Can the association force me to replace a completely good roof because they want me to upgrade to their new favorite roof style shingles?

It is my responsibility to repair the roof. But it seems ridiculous to have a new roof pay more than $ 10,000 just because it changed aesthetics. I don’t think the documents I signed when I bought the townhouse said this.

A: A: agree. It seems very strange (not to mention wasteful) that the Homeowners Association requires owners to replace their roofs for aesthetic reasons only.

Read the Homeowners Association’s administrative documents and start searching for information. These documents run the Association of Homeowners and assign the managers of the association the right to set rules and regulations for all owners of the association.

I would like to distinguish between the Condominium Association and the Homeowner Association. In many condominium associations, the building is maintained by the association and has the right to improve the building on behalf of all owners.

Others: Let’s take a look at membership fees and why they are everywhere now.

For single-family home and townhouse associations, the association may set rules and regulations regarding the aesthetics of the association for future construction and lawn maintenance. What we don’t know is what part of your association document gives the association the right to request the owner to change the house when the house does not need to be repaired.

For safety reasons, you can imagine a situation where the association may require a structural change in the home. Let’s say you live in a fire-prone area. And your homeowner association wanted to make changes to protect all homeowners from fires that could destroy the entire community. Changing the roof file to a file that enhances fire protection may be a wise move for the entire association. Changes in life, health and safety may be within the Charter of the Association.

But what about aesthetics? If the association has the power to enforce changes for aesthetic purposes, it should be explained in detail in the association’s administrative documents. If the board has that particular right, you may have no choice but to write and follow the check. But what if it isn’t? Please feel free to point out.

Others: Elderly people want to move on, but are “stuck” at home because they are not eligible for a new mortgage

The Board of Directors of the Association can argue that all future roof replacements must comply with the new requirements of the Association. That is probably within their rights. They can also pass rules regarding the choice of paint color, the type of appearance improvement, the height and size of the fence, the location of the landscaping, the way the house must be maintained, and so on.

Assuming board requirements are for aesthetic purposes only, we are aware of the associated costs and hope that homeowners will be able to step through changes when roof replacement is needed. increase. We understand that it can take a considerable amount of time (5 years, 10 years, and even 15 years) for changes to take place. But at a high cost, it feels wrong to force homeowners to make unnecessary changes today.

If the document is puzzling, you may need to hire a local real estate attorney with experience in the association to provide clarity and insight into legal (and other) options.

Ilyce Glink says “100 Questions for First-time Home Buyers to Ask“(4th edition). She is also the CEO of Best Money Moves, an app that employers provide to employees to measure and dial down financial stress. Samuel J. Tamkin is a Chicago-based real estate lawyer. Contact them through the website, BestMoneyMoves.com..

© 2022 Iris R. Grink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.

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