Deployed soldier battles HOA over roof tiles

Article Courtesy of  Channel 7 News Miami

By Kevin Ozebek, Leisa Williams

Published March 3, 2022



A South Florida soldier about to be deployed says his homeowner’s association is delaying the sale of his home. Frustrated and furious, he reached out to 7 Investigates for help.

Eric’s house is easy to spot.

It’s the only one on his street without a finished roof.

Eric Adelsberger: “We got significant tile and water damage.”

The leaks have been patched, but the roof tiles are still missing.

Eric Adelsberge: “We found out that the tiles that were on the roof that needed to be replaced are discontinued, and we need to select a new tile, so I thought that would be a relatively easy process through the homeowner’s association.”

But Eric says it has been a nightmare.


He says for months he has been trying to get the board to approve a tile he can put on his roof.

Eric says he has sent them several samples, but all options so far have been rejected.

Eric Adelsberger: “This is causing financial and emotional strain on my family at a time when I have other priorities.”

Eric and his family have now moved out of the home and put it up for sale.

That’s because he has been called to duty as a sergeant first class in the national guard.

Eric Adelsberger: “I’m on a military deployment and attached to an active duty element and will be on the continent of Africa. I am going to a place where there is no guarantee I am coming home.”

Eric is now at Camp Blanding in North Florida.

When he’s not prepping for his upcoming deployment, he’s in the barracks battling his HOA.

Eric Adelsberger: “I’ve been begging and pleading with them. You need to make a decision.”

We reached out to the Kendall Breeze West HOA.

Their attorney tells us:

“Kendall Breeze West is a close-knit well-maintained development in West Kendall, proximate to quality schools, parks, and shopping. The Kendall Breeze West Homeowners Association, through its Board of Directors and Property Manager, work to ensure that community facilities, amenities, and houses are kept in top condition. The Board and Property Manager meet with all owners and residents to address their questions and concerns, and to apply the Association rules fairly and consistently. Due to privacy concerns, Florida Statutes, and the governing documents for Kendall Breeze West, the Association will not discuss internal matters with the media.”

Gary Singer, real estate attorney: “I’m a veteran, actually and not being unsympathetic, I get it. You know, who wants to deal with this? But that’s part of owning a home.”

We turned to real estate attorney Gary Singer for insight.

Kevin: “Is it the board’s responsibility to have a line of tiles already pre-approved that he could just buy and slap on his roof?”

Gary Singer: “No, it is not.”

Singer looked through Kendall Breeze West’s HOA documents.

He says it is the sergeant’s duty to keep presenting tile options until the board is happy.

Gary Singer: “The onus is on him because he agreed that it would be if this came up. He may not have realized he agreed that it would be, but it’s in the declaration that he signed when he bought the house.”

But Singer says time is ticking since HOAs do have to make decisions in a reasonable amount of time.

As Eric sees it…

Eric Adelsberger: “I think we are past that reasonable point.”

Eric says his roofer has sent three more tile samples to the association. He’s hoping the board will approve one of them, so he can finally move on.