Destiny East sues over red metal roof 
Article Courtesy of The Destin Log

 
Published: Jan 29, 2002
By Fraser Sherman, staff writer

When the Destiny East homeowners association told Casey Ignas the roof he wanted for his house violated the subdivision’s covenants, he ignored them and did as he wanted, a spokesman for the group says. 

“The board unanimously denied his request to put up a tile-shaped metal roof,” said Cliff Cohen, who was president of the Destiny East Homeowners Association when the issue arose. “The applicant ignored that and put it up anyway. 

The association is suing Ignas to have him replace his roof. 

Cohen said Ignas installed the roof in “fire engine red” although the sample he’d shown the board was green. 

“The issue is really about the material,” Cohen said, “(but) there’s never been another fire-engine red roof approved in our subdivision. I don’t feel like one would ever be approved and that is not what (Ignas) requested.” 

Cohen said Ignas’ construction plans had included a concrete tile roof and hadn’t specified color. Then he came to the board with a proposal for a roof of tile-shaped metal instead. 

“The architectural criteria for our subdivision states it has to be concrete tile or standing-seam metal,” Cohen said. 

He said the board filed an injunction to stop construction; the judge rejected the injunction but told Ignas if he loses the case, he’ll have to remove the roof at his own expense. 

“Judge (Robert) Barron denied our motion for an emergency injunction on the grounds it might create more of a problem by stopping this homeowner from installing this roof during hurricane season,” Cohen said. “We’re now trying to get on the judge’s docket; the court system is clogged.” 

Cohen said despite the backlog, there’s a good chance the case might be heard in May. 

The Log contacted both Ignas and his attorney, John Brown, for comment about the case. Ignas didn’t return the call and Brown said he couldn’t discuss the case without his client’s authorization.