Real estate Q&A: Can HOA require me to clean a roof that I don't think is dirty?
Published in Business News
Q: Can my association fine me because they’re saying my roof is dirty and needs to be power-washed? When I asked them what the guidelines were, they just pointed to the section that said I was responsible for general maintenance under the declaration. I think my roof looks fine. Can they make me power wash my roof? — Zach
A: Homeowners associations have the authority to enforce rules and regulations, but that authority has limits. While an HOA may impose fines for violations of its governing documents, such as the declaration, bylaws, or reasonable rules. However, those rules must be clearly defined and properly adopted.
A vague requirement for “general maintenance” is not enough to justify a fine for something specific, like failing to power-wash a roof.
When it comes to HOA enforcement, clarity is essential. Depending on your location, the law permits associations to impose fines, but only if the violation is based on a clear and enforceable obligation.
The law also requires procedural safeguards, such as written notice and a hearing before a neutral fining committee. Courts have consistently ruled that restrictions must be specific and unambiguous to be enforceable.
If an HOA wants to require homeowners to power-wash their roofs, it must establish a specific rule or standard that clearly states this requirement. This rule should be communicated to all association members.
Without such a rule, the HOA cannot rely on a general maintenance clause to enforce roof cleaning, because the board’s subjective interpretation of “general maintenance” is not sufficient to justify a fine.
Conversely, if the HOA has enacted a valid rule requiring roof cleaning and complied with all procedural steps, it might have the authority to issue a fine. In such a case, the homeowner must follow the rule or risk penalties.
Nonetheless, the HOA must also ensure the rule is reasonable, clearly communicated, and applied fairly.
To determine which rules apply to you, review your community’s documents, including any rules or standards they have established, to understand your obligations.
If power washing roofs is part of your community standards, then you will need to do it. However, a vague reference to “general maintenance” is not enough.
Contact your property manager to request the standards.
That said, you should try to work with your community to resolve this issue. As long as they are not unfairly targeting you, maintaining a well-kept community benefits everyone.
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