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

Asked over 1 year ago - 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)

  1. Markham B. Gunter

    Contributor Level 9

    Answered . 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... more

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