It has come to the attention of the Board and Management that numerous Owners have replaced the roofs of their homes without first obtaining approval from the Architectural Control Committee (“ACC”). Several of these Owners have installed noncompliant black roofing shingles and other materials that are not in keeping with the consistent harmony of Parks of Deer Creek. This letter will address the requirements of Owners with regard to replacement of roofing materials, as well as the potential consequences for failure to comply with these requirements.
First, the Declaration requires approval of any improvements to any Lot by the Architectural Control Committee:
“No building, structure, fence, wall or improvement of any kind or nature shall be erected, placed or altered on any Affected Lot until all plans and specifications, a plot plan and one or more surveys have been submitted to and approved in writing by the Committee, or a majority of its members, as to:
(i) quality of workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper facing of main elevation with respect to nearby streets;
(ii) minimum furnished floor elevation, mandatory brick elevation, and proposed footprint of the dwelling;
(iii) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping;
(iv) location with respect to topography and finished grade elevation and effect of location and use on neighboring Affected Lots and improvements situated thereon; and
(v) the other standards set forth within this Declaration (and any amendments hereto) or as may be set forth within bulletins promulgated by the Committee, or matters in which the Committee has been vested with the authority to render a final interpretation and decision.”1
Additionally, the Parks of Deer Creek Homeowners Association, Inc. Roofing Materials Guidelines specifically state the shingles installed on the roof of an Owner’s property should “match the aesthetics of the property surrounding the Owner’s property.”2 The black shingles that have been installed by multiple Owners do not match the aesthetics of the other homes within the Parks of Deer Creek, and are therefore in violation of the Roofing Materials Guidelines, as well as the Declaration.
Failure to construct improvements or modifications in accordance with approved plans and specifications is a curable violation which entitles the Association to enforce fines and seek injunctive relief.3 Further, Section 3.7 of the Amended and Restated Governing Documents Enforcement and Fine Policy for the Parks of Deer Creek Homeowners Association, Inc. allows the Association to recover any attorney’s fees and other reasonable costs incurred as a result of necessary enforcement actions.4 At a minimum, Owners installing unapproved, noncompliant shingles will be required to switch back to compliant shingles upon replacement.
The Board and ACC’s goal is to maintain the aesthetic harmony of the Parks of Deer Creek for the benefit of all Owners. As such, the Board will take any steps necessary to ensure compliance with the Declaration and all design guidelines. However, these arduous and costly enforcement actions can be easily avoided by submission of the ACC application prior to making any changes to the roof of your home.
Board of Directors
1 Declaration of Covenants, Conditions and Restrictions for the Parks of Deer Creek, Article VIII, Section 19.
2 The Parks of Deer Creek Homeowners Association, Inc. Roofing Materials Guidelines, Section A(2).
3 Amended and Restated Governing Documents Enforcement and Fine Policy for the Parks of Deer Creek Homeowners Association, Inc., Sections 2.1 and 3.7.
4 Amended and Restated Governing Documents Enforcement and Fine Policy for the Parks of Deer Creek Homeowners Association, Inc., Section 3.7.