Restrictive Covenants in Deed for roof type

[ldulitz]

What is the name of your state (only U.S. law)? CT

I moved to a street in CT that is bound by restrictive covenants specified in the deed, although there is no HOA to enforce it. This street was built in 1985. The roof type is one of the issues in which we can only have cedar roofs, or natural red cedar, hand split shingles. Now, while im the first lot on the street, the lot behind me on the deed is actually lot number 1, and im lot #2, but no one realizes it since they probably havent looked at the deed for years. The lot #1 owner apparantly has replaced his roof maybe 4-5 years ago in asphalt. My roof needs to be replaced, and im wondering since no one has sued him for violation, have they given up the right to enforce this? Can i put cedar looking asphalt on my roof, and if i did what are the consequences?

Since the "approving Agent" or builder no longer exists, and this isnt anything the city would enforce, i presume the other deed holders would be the ones to potentially sue me, but once the roof is up, can they make me take it off? Honestly putting up an asphalt roof is a quarter of a cost of cedar.

Thanks in advance!
Levi

 

[154NH773]

have they given up the right to enforce this?

Who?

With no HOA, or any other designated enforcer of this covenant, I don't know who would have standing to try. Perhaps your neighbor(s) could sue in civil court to stop you, but why would they?

Perhaps there is more to this, and hopefully someone with more legal knowledge will jump in. You could defend your action as a reasonable one, due to cost and fire hazard with a wood roof (although there are fire retardant wood roofs).

 

[Mass_Shyster]

we can only have cedar roofs, or natural red cedar, hand split shingles.

This may be a "common scheme", enforceable by any other lot owner in the same subdivision.

If you don't want to use the specified roof, you may need to bring this to an attorney for clarification.

Does the covenant restrict a replacement roof or only the original roof?

Can the covenant be enforced by other owners or only be the developer?

Is there a time for the expiration of this covenant? (Mass is 30 years - I couldn't find a CT limit).

Since the other owner put on an asphalt roof, the covenant may have been abandoned.

Are the other owners willing to abandon the restriction?

Or, would it be easier and cheaper to simply put up the asphalt roof and wait for a court order to remove and replace it?

 

[drewguy]

Any of the other homeowners who are beneficiaries (and burdened) by the restrictive covenants could sue you to remove the roof. Will they? Who knows. The fact that there's one other person who has violated the covenant may help, but with only one they may get sued as well.

What is the risk? Hard to know--I would guess other homeowners won't bother to sue unless what you put up looks really bad. The downside is you could be in for a lengthy court fight followed by having to replace the roof (although you might be able to negotiate a settlement by which you would replace properly after 5 years, say.

 

[HomeGuru]

Any of the other homeowners who are beneficiaries (and burdened) by the restrictive covenants could sue you to remove the roof. Will they? Who knows. The fact that there's one other person who has violated the covenant may help, but with only one they may get sued as well.

What is the risk? Hard to know--I would guess other homeowners won't bother to sue unless what you put up looks really bad. The downside is you could be in for a lengthy court fight followed by having to replace the roof (although you might be able to negotiate a settlement by which you would replace properly after 5 years, say.

**A: I agree.