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Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 57729
Experience:  Experienced lawyer
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Does a HOA have a legal right to ask to see our contract

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Does a HOA have a legal right to ask to see our contract with a roofing company in order to approve our re-roofing project?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: California
JA: Has any paperwork been filed?
Customer: We sent in a request for approval using "Heavy Shake Roof" which is on their approved materials list. We included two samples of the material also. They denied the approval due to insufficient information and requested a copy of the contract including the cost of the project
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes - they also stated in a phone message that they needed the contract because they do not know what "Heavy Shake" is, even though it is on their approved list of material and is the same material currently on our house and dozens of other homes in the neighborhood
Greetings! I am a legal expert on the site and am working on your question. Yes, bylaws normally allow for oversight and review to ensure safety is maintained. It should be applied to all who seek to make such changes to property. Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Customer: replied 1 month ago.
This is not about safety. They denied approval of roof material that is already listed on their approved materials list. We also provided samples of the material. Their denial was based on "they do not know what heavy shake is" even though it is on their approved materials list
If their conduct is arbitrary or done to harass it may be contested through internal objection, lawyer letter and if needed court action.Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Customer: replied 1 month ago.
Do they have a legal right to request a copy of a contract in order to approve the material to be used for the roof. Again - We filled out their request for change listing the material "Heavy Shake" as written on their approved materials list and provided samples of said material.
If done for a legitimate and valid purpose, yes. If done without good cause it is abuse of discretion especially when not demanded of others. Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Customer: replied 1 month ago.
Did they have legitimate reason to deny the approval of material. Their reason was They do not know what "Heavy Shake" is even though it is listed on their approved list of materials and we also provided samples of "Heavy Shake" It seems we are being denied approval due to their lack of knowledge of the materials that are on their approved list.
Lack f knowledge is not good basis to make the demand on you. You may object for this reason and escalate as discussed earlier. Good luck! Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Customer: replied 1 month ago.
In addition to their denial they stated "they are not contractors and do not know what Shake is or what makes it heavy" - we suggested they contact a general contractor or Lowes, look at prior request from homeowners replacing shake roofs or look back at our prior approved request when we reroofed the house before. and they responded that they are a group of volunteers and do not have time to do the research or make phone calls. Are we responsible to provide their education. We are not licensed contractors either.
Practically it may be easier and Less expensive to play their game and let them review since to over ride them may take time and litigation. Legally you are correct. Please let me know if the reply is acceptable by responding "yes" or "acceptable"

awaiting your reply, thank you.

Customer: replied 1 month ago.
acceptable
Thank you.
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