Q: Can the HOA hold us responsible for the incorrect roof color installed by the previous owner?
6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.
Here's the sticky part, as part of his sales process, the sellers agent told us to pick the roof color. We assume that if the color we chose was in violation of HOA, they would let us know and we pick something different.
We have a variance hearing with the HOA scheduled for next week. We're hoping everything will go fine but I want to know what real estate law would say about this in Colorado.
A: If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.
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