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HOA and Leaky Roof

1,998 Views | 20 Replies | Last: 15 days ago by Ol_Ag_02
TexaN792(2)
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Have a small water leak in a rental unit and we are waiting to hear back from the HOA on our submission for a new roof. I spoke with someone from the HOA management company and they said some approvals are taking upwards of 45 days.

Clearly we cant wait 45 days for them to make a decision and our roofer has told us that according to Texas Law they have 72 Hours to give you back a decision for Urgent repair requests.

Does anyone have any experience with this or know if there is a law regarding urgent repairs and HOA's
Aggie71013
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If you know you're in compliance with the bylaws i.e. approved shingle manufacturer and color, i would move forward without approval. I'm on my board and we will approve after the fact when items meet the guidelines.
ATM9000
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Aggie71013 said:

If you know you're in compliance with the bylaws i.e. approved shingle manufacturer and color, i would move forward without approval. I'm on my board and we will approve after the fact when items meet the guidelines.

This... had the same issue and really needed to get it done within a week. Got everything lined up and made sure we were within compliance. Sent it to the HOA with a brochure of what we were putting on the roof, color, etc. to prove out the specs and they approved no problem after the fact.
CapeAggie89
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Agree, we have a fast track approval when doing like for like for things like roofing. You get immediate approval. So in your situation, if replacing like for like or you are matching your HOA guidelines for shingle type and color, go for it. I am also on a board and would not give this a second thought if it came to the board.
TexaN792(2)
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Thanks for help, really appreciate it.
dallasiteinsa02
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Not sure about the 72-hour rule. Most current HOAs have something like a 30-day approval requirement. If they don't give you notice within 30 days, you can send another notice, and they have 15 days to approve or it is approved by their inaction.
aggie appraiser
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I had two roofs replaced and never said a word to the hoa. Sold both of them and never had a problem.
Martin Cash
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Reason number 45,684,928,427 to never buy a home in a subdivision with an HOA.
dallasiteinsa02
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Martin Cash said:

Reason number 45,684,928,427 to never buy a home in a subdivision with an HOA.
I could list the same number of reasons to live in an HOA. There are pros and cons to both situations.
The Fife
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I got it approved in under a day - one of the benefits from being the architectural approval guy on the board!
Ol_Ag_02
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Aggie71013 said:

If you know you're in compliance with the bylaws i.e. approved shingle manufacturer and color, i would move forward without approval. I'm on my board and we will approve after the fact when items meet the guidelines.


Until they decide to be *******s to prove a point and fine you for proceeding on a project that requires an approval, without first gaining the approval.

HOAs are ****ing awful.
BrazosDog02
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I've never heard of the 72 hour thing. I've done roofs both ways but I always want approval prior to install. That said, if a customers roof is LEAKING then I'll tarp it and wait or leave it up to the homeowner. If it was that bad, then I'd suggest going with the safe "weathered wood" color, submitting ACC paperwork accordingly and then I'd call the HOA and urge them to hurry it up. It doesn't take long to approve, they just like the power of checking the box. If I do all of that and my homeowner wants to install without HOA, I'll do that as well because ultimately , their property is more important than an HOA ego and If we are going with the same color then there is no argument to make with HOA. It would be a really poor decision for an HOA to chase a customer over it. The guidelines are often crystal clear. Earth tones. No terra cotta. 25 year or better.
Ol_Ag_02
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I had to bump this becuase today our HOA sent out a violation to someone for planting trees without getting the proper pre-approval.

Trees were planted 16 months ago.
rilloaggie
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I replaced our roof about a year ago in Houston (60 yo HOA, bylaws written on a typewriter and scanned to our website). I asked for approval and before they responded the roofer (friend of mine) texted and asked if they could start. I said yes and the roofers started ripping the old roof off. I realized I never got approval and called the HOA to see what was up. Chick at the management company got all huffy and said that if the roof didn't meet specs (the acc lists grey, brown, dark as acceptable colors) that the HOA could require us to remove. I told the roofer to keep going and the HOA emailed that afternoon to approve the color. I bet if you put some pressure on them they will fast track the decision.
Aggie71013
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In most HOAs, volunteers are on the board and ACC. They have jobs, families, and other responsibilities besides the HOA. Most in good faith try to approve items quickly but if you submit right before the work takes place it may not be approved in time. Contact the board (as opposed to the management company), be courteous, and you'll likely get a decision quickly.

Management company is paid to enforce by laws and deed restrictions so they are naturally going to be more firm. I'm sure they also get tons of calls a day from people complaining that they can't paint their siding safety vest orange.

In terms of a violation 16 months down the road, I agree that it's dumb. Also need to understand thay someone drives by once or twice a month so may have never noticed it. Could also be a new person who has never driven the neighborhood. Not excuses, but not every HOA exists solely to make your life miserable.

On a more philosophical note, everyone should read their deed restrictions, by laws, and architectural guidelines. It generally takes less than 15 mins to submit changes to the board. A lot of headache could be avoided if people just took a few minutes to submit requests.

We aren't trying to stop you from doing reasonable things. We are trying to stop your neighbor from planting an orchard in his front yard and if we don't enforce uniformly, we lose the ability to enforce at all. Very similar to trademark law in that regard.
Ol_Ag_02
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Aggie71013 said:

In most HOAs, volunteers are on the board and ACC. They have jobs, families, and other responsibilities besides the HOA. Most in good faith try to approve items quickly but if you submit right before the work takes place it may not be approved in time. Contact the board (as opposed to the management company), be courteous, and you'll likely get a decision quickly.

Management company is paid to enforce by laws and deed restrictions so they are naturally going to be more firm. I'm sure they also get tons of calls a day from people complaining that they can't paint their siding safety vest orange.

In terms of a violation 16 months down the road, I agree that it's dumb. Also need to understand thay someone drives by once or twice a month so may have never noticed it. Could also be a new person who has never driven the neighborhood. Not excuses, but not every HOA exists solely to make your life miserable.

On a more philosophical note, everyone should read their deed restrictions, by laws, and architectural guidelines. It generally takes less than 15 mins to submit changes to the board. A lot of headache could be avoided if people just took a few minutes to submit requests.

We aren't trying to stop you from doing reasonable things. We are trying to stop your neighbor from planting an orchard in his front yard and if we don't enforce uniformly, we lose the ability to enforce at all. Very similar to trademark law in that regard.


The fact that a person needs approval to plant trees in their front yard, is the problem with HOAs. Our by laws are garbage and onerous and have only gotten worse in the time I've moved here.

They require pre approval to plant grass and landscaping. Yes, they want to approve whether or not a shrub you put in your own front yard meets their standards.

Useless NIMBY jack holes.
Diggity
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didn't the homeowners have to agree to the changes in the by-laws?
Aggie71013
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Maybe I live in a leniemt HOA but I'm on the board and no one has submitted a request to play grass in their yard, change basic landscaping, or anything simple. We've don't send a note when someone has done this without board approval. The things we really harp on are: Exterior Paint, Roofs, Unapproved Structures, Fences, and homes that don't maintain landscaping think massively overgrown). We don't sent notes if you replace a shrub in your yard.

Also homeowners have the power to change all of this but less than 10% (realistically 5%) even care enough to show up to a single meeting each year.
SteveBott
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Huge difference in an orchard vs a oak tree
Aggie71013
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This is where the law puts us in a bad spot. If we dont enforce the oak tree, the orchard owner can sue since we haven't uniformly enforced the ACC restrictions.
Ol_Ag_02
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Diggity said:

didn't the homeowners have to agree to the changes in the by-laws?


No. All changes are proposed by the Architecture Committee and ratified by the board. If you look at the architecture guidelines by effective date they exploded in 2017.

My favorites are the size and color requirements for bird houses. Fun fact is they limit the number of pole mounted birdhouses to one per lot. But they are silent about the number of tree mounted birdhouses per lot, with the only restrictions based on size and color. So I'm debating on hanging twenty or so in the front yard just to piss off the Architecture Committee.
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