Can a Homeowners Association Force an Owner to Put on a New Roof?
If you signed a homeowners association agreement, you agreed to its by-laws and you are now contractually obligated to follow its rules. Homeowners associations can require mailboxes and doors painted a specific color, among other seemingly nit-picky things. In fact, homeowners associations can demand just about anything, provided the demand doesn't violate a member's constitutional rights.
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Overview of Homeowners Associations
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Homeowners associations are often created where housing developments sprout up. These housing developments provide a certain advantage to the municipalities where they're located. The municipality gets to collect property taxes from each homeowners association member, but the municipality agrees to allow the homeowners association to set its own rules. This has distinct advantages for municipalities, as the homeowners association sets the rules and has the responsibility to respond to rule-breaking.
By-Laws in Membership Agreement
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When you move into a development that is overseen by a homeowners association, you must sign an agreement drafted and provided by the homeowners association. These agreements are contracts, and as long as the terms don't violate a member's constitutional rights, the terms are enforceable. The by-laws set out in the agreement are contract terms to which the member agrees by signing the agreement. As such, if an agreement has strict rules pertaining to yard upkeep, home upkeep and other aesthetic rules, the member who signed the agreement must abide by the rules. Afterall, the member agreed to do so by signing the contract.
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New Roof
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It's entirely possible that you will have to replace your roof, if your homeowner's association demands it. If there is a general upkeep clause in your membership agreement, then its likely roof maintenance is included. Oftentimes, homeowners associations require specific types of upkeep, as well-kept homes generally increase the property values of surrounding homes and the neighborhood as a whole.
Additional Considerations
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Homeowners association agreements have called for maintenance of yards, gardens, fences, driveways and myriad other things. These associations view upkeep as vital to maintaning property values. If a home has a roof that's in need of repair, failure to address the problem could lead to structural damage to the home. It's in the homeowners association's best interest to require members to agree to prevent structural damage to homes in its development, as structural damage can lead to neighborhood blight. So long as you signed the membership agreement, you're bound to its terms. If you believe roof repair wasn't included in the terms, you should consult an attorney who's licensed in your state. An attorney can review your agreement to assess whether roof repair is indeed included in an umbrella clause relating to overall maintenance requirements.
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