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I had my roof replaced due to a leak and I did not get prior approval by my association and now they are asking me to replace it

Matthews, NC |

I had my roof replace due to a leak and I did not get prior approval by my association and now they are asking me to replace it with an approved color. There are 11 other houses in my development that do not have approved shingles. What are my rights

Attorney Answers 1

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Bottom line: You will probably have to replace it. First, however, make sure that you go through all the correct channels and apply for approval of the current roof and wait for their decision, unless you have already done this. Ask for hearing of that decision in front of the appropriate body. Next, inquire as to the other roofs and the processes that were or were not followed with regard to those "unapproved" roofs and point out the selective enforcement issues, if any, at the hearing in front of the appropriate body. Then, if all else fails, consider filing a declaratory judgment action in Superior Court to have this heard in front of a judge. Selective enforcement rarely succeeds but you could get a sympathetic ear. Let me know if you need my help. Mark

This answer (posting) does not, in any way ,manner, or form, establish an attorney-client relationship nor should it be construed to be "legal advice." Please be aware that my answer is not legal advice, it is merely information. Because I do not not have access to your documents and your specific facts, you should consult with a lawyer in your area for a specific answer to your legal issue. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm.

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