HOA sues homeowner for unapproved roof color

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    OMAHA, Neb. (WOWT) — It’s not unusual to see crews replacing bad roofs in metro area neighborhoods. But this week good shingles will be torn off an elkhorn home.

A roof just two years old that tom ross is forced to replace after a storm of controversy.

Tom Ross, a homeowner said, “A board member that lived across the street came over and told me that it was the incorrect style of roof.”

Fire Ridge Estates covenants require weathered wood color shingles.

“We didn’t know there was anything in our covenants. That’s partly our fault and partly our roofers’ fault,” said Ross.

On June 1st the Fire Ridge Estate Homeowners Association sued Ross to immediately remove non-approved shingles.

“I’d rather be fined or anything other than having to spend $30,000 to replace it. There are other things we could have done to work things out, but I felt the board wasn’t willing to work with me on anything,” said Ross.

The board responded through its attorney Rex Moats who refers to the publicly filed covenants. He also sent a photo of Ross’s roof, the only white roof in the neighborhood.

“A gray weather wood shingle and it looks very similar to that,” said Ross.

Neighbor Cari Wilke lives under an approved roof and sees Tom’s every day.

“An error was made and let’s have some compassion and figure out a solution. But to replace a perfectly good-looking roof over the type of shingle it is it’s a waste of time,” said Wilke.

But Tom tells his neighbor he can no longer afford legal fees to fight the HOA lawsuit.

Tom had a chance to avoid a lawsuit by getting the covenants changed to allow his kind of shingle. But that required a 90 percent approval signatures from neighbors.

The assessor’s aerial view shows a lot of doorbells to ring.

“When COVID hit I didn’t think it was appropriate for us to be walking around door to door,” said Ross.

After months of seeking forgiveness, Tom Ross received permission to tear off his newer roof for a new roof that falls under the neighborhood covenants.

When asked if other roofs violate covenants the HOA, the attorney says he can’t comment on other pending cases in the Fire Ridge neighborhood. The attorney does say as soon as the new roof is on the ross’s home the lawsuit will be dismissed.

Ross says he’s forced to pay for the new roof out of college savings.

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