Help settle an argument #1

Started by DarylF • 4 replies • 1622 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DarylF (Washington)
Posts: 157

Posted:

If a CC&R violation goes unenforced for a long enough period, at some point does it become unenforceable?

If yes, how is unenforced defined?

In our situation, the HOA has sent violation letters out in the past over the unenforced violation, but never followed up with fines and the homeowner never resolved the problem.

LawrenceC1 (Georgia)
Posts: 480

Posted:

There is no time limit on enforcing CC&R rules that have been legally recorded and distributed to all members.

There is a prohibition against selective enforcement of the rules. That means, if you start enforcing a rule that has not been enforced for some time, the rule must then be applied to all members equally. If it is impossible to enforce a rule fairly and uniformly, then that rule may simply be unenforceable, even if it is written into the CC&Rs.

Also, rules about exterior construction, improvements, painting, and other things that require approval will usually have a time limit in your CC&Rs for the Architectural Review Committee to act *after* an application has been received. If the ARC dawdles, then the change will be approved by default. However, if an application is never received from the homeowner, the clock doesn't start.

BrianB (California)
Posts: 2,820

Posted:

lawrence is pretty dead on again.

unless your own rules have a time limit (for instance, i had one for years that stated "if no suit to enjender the project is filed prior to completion of the project, then the project is assumed to have been approved"), then there's no limit.

JohnO6 (Georgia)
Posts: 424

Posted:

Also check other sections of your CCRs. Many have standard language that states that failure to enforce any particular item does not constitute precedent nor invalidate future enforcement.

DarylF (Washington)
Posts: 157

Posted:

Thanks. Again that is what i had thought but wanted other opinions.

The issue at hand is actually someone renting out their property to two different parties. A main house and a detached garage with a mother in law unit above. CC&Rs specifically prohibit that.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here