POA and white roofs
I live in a POA association which encompasses many homes. 4100 lots are covered
SRP, our electric supplier, is offering a rebate for home owners who coat their flat roof white as an energy saving provision. However, the POA has now decided to ban white roofs
“”Roof Colors A NPOA permit shall be required for all roofing projects. This includes flat roof recoating. The color of all pitched or flat roofs on all dwellings or other buildings must be muted desert colors subject to approval by the NCOA. White or reflective colors or finishes are prohibited.””
Can the POA do this and thus deny home owners access to the rebate?
Many thanks
About Post Author
1 Response
Leave a Reply
You must be logged in to post a comment.
Peter,
Clearly this is just another example of a stupid rule created by an association with totally baseless logic. Flat roofs with side parapets cannot be seen by anyone on the ground and cannot in any way impact the property values or even esthetics of the community. When was the rule established and what if any was the basis for that rule or was it strictly arbitrary and capricious? The question you asked is, can the association do this, that answer is obvious because it did. The real issue is, does the association have the right to assert any such regulation on private property not specifically mandated in the declaration (CC&R’s) and that answer is absolutely not under common and property servitude law. Unfortunate, the only way to enforce this restriction is to challenge it in court, which the association knows that most homeowner will not risk their money on suing the association that the association will then use the homeowner money to defend themselves and the inappropriate rules. This is a no-lose proposition for the associations and a no-win proposition for the homeowners. The only real power homeowners have over these issues is to recall the entire board and replace them with people with common sense. Whether you want to take this action over the color of your roof is totally up to you, but if people don’t stand up for their property rights, then these associations will always win and take away your rights to do what is reasonable and prudent with your property that does absolutely nothing to negatively impact the property values with anyone else in your community.
Dennis