subdivision restriction question- galvanized metal roofing prohibited

Ryan Martin
11/20/2008
My question is as follows. I had major shingle damage with hurricane gustav on my less that year old house. We have decided to upgrade to a metal roof. My contractors started yesterday installing and i got a visit from subdivision owner stating it had to come off and was unacceptable. The restriction reads " Residential roofs shall be constructed at a minimum using asphalt shingles or better. Galvanized metal roofing is prohibited from being used on home or accessory buildings. Architectural metal with baked on enamel paint will be allowed. all residences shall have roofs with a minimum of seven on twelve pitches." I have done research on metal roofing and what i have is not "galvanized metal." I have seen that current metal roofs are constructed of a zinc/aluminum/silicone coated steel called "galvalume or zincalume etc" and that galvanized steel is not the same product and is rarely produced and used anymore. Our product is 26 gauge galvalume with double sided baked on enamel paint. Is this not "shingles or better"? We have invested 13,ooo dollars into this roof and will have a lawyer read the language of this covenant today for a legal opinion. Contractor verbally states that the only type of metal roof he allows is the "architectual metal shingle", the very expensive one that looks like regular roof type and not corrugated type. But does the language of the covenant does not even mention this type and does not exclude our type roof and does he not have a poor case against us if taken to court? thank you for a response
Todd Miller
Isaiah Industries, Inc.
11/22/2008
It seems to me that your chosen product meets their requirement of architecural metal with baked-on enamel paint.
gary preisendorfer
12/3/2008
This is obviously getting into the realm of interpretation and the original meaning of the association charter/rules. I would agree that you do have a really good case to fight this with an attorney since you have already put out good money. Typical homeowners' associations require pre-approval of any new construction and you will have to address this if you already hadn't gotten the approval. I think that the sub-owner is not happy with the aesthetic look of your new roof and is looking for any way to squirm out of the verbiage in the contract.
Todd Miller
Isaiah Industries, Inc.
12/3/2008
Good luck. Let us know if we can help.
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