Homeowners in Rogers raise questions, concerns over roof repair bill

ROSGERS, Minn. (FOX 9) - A growing contentious issue across the state is over the legality of what homeowners’ associations are authorized to do, and what protections individual homeowners have.

HOA concerns

Homeowners in one Rogers community are speaking out after they said they are facing a hefty bill from their homeowner’s association (HOA) requiring all members to get a roof replacement, even though many said their roof has no damage.

Dozens of Dutch Knolls homeowners packed a meeting on Tuesday night to discuss their concerns about a $16,000 bill they said they are all facing. They said there are 96 homes in this community.

"Right before Christmas, we get a $16,000 bill," said homeowner Caitlin Dahlgren.

Homeowners in a community governed by the Dutch Knolls Association in Rogers said they were alerted by their homeowners' association that they would need a roof replacement.

"We got a letter less than 20 days ago saying that we need a new roof based on a tiny hailstorm that came on July 13," said Dahlgren.

Community members said they raised questions to the board and property management company because most people did not notice damage to their property.

"Our roofs were just replaced two years ago," said Bridget Newman, a homeowner. "At least three contractors and an adjuster have said there’s no damage that would indicate any kind of replacement for these roofs."

HOA response

Sharper Management sent FOX 9 a response on the matter noting that it is an administrative arm of the Board of Directors.

The management company does not make decisions, rather the management company carries out the Board's decisions. 

"First, HOA's are a representative democracy. The Board is elected by the members of the Association. Every homeowner has a voice and a choice. Most don't want to have anything to do with the Board, until it affects them. Also, when homeowners move into an HOA, they have the governing documents and all the information in front of them. Many ignore rules and regulations, guidelines, and recommendations," said Dan Cunningham, Esq., Owner, Chief Executive Officer of Sharper Management, LLC. "Second, a homeowner who is presented with a large bill for an insurable event, such as homeowners in Dutch Knolls, should forward that bill to their HO-6 policy carrier. HO-6 policies insure HOA homeowners for their portion of the Association Master Policy deductible.

"It should be mentioned that when a Board is faced with a possible insurance event, it is their fiduciary responsibility to report it. The insurance company will then send out an adjustor to inspect and either approve or deny the claim. In the Dutch Knolls case, the Board was acting to protect the homeowners. If they didn't notify the insurance company, they would be subject to the same standard, their fiduciary responsibility. In this case, the insurance company felt there was sufficient damage to warrant a claim."

Contradictions, regulations

Homeowners said they are being told otherwise and are left scrambling for answers or trying to meet the deadline they were given that is coming up on Dec. 15.

"A lot of people that have turned it into their insurance companies, they have refuted the claim and said they want to come out and actually assess the damage. Which I know of one particular person that reached out to me. They looked at her roof on Sunday and said there is no damage," said Newman. "If we don’t pay it, we’ve been told we’ll be getting fees, fined, and they could potentially put a lien against our home if we don’t pay it."

Community members said they’re sharing their story as a word of caution.

"On a government level, even though they don’t want to be involved, there has to be some kind of direction or some kind of protection for the homeowners. Some guidance as far as what these bylaws and these declarations and rules and regulations can be," said Newman. "There needs to be more regulations from higher legislature. We just need to have somebody that’s protecting homeowners."