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DarylF (Washington)
Posts: 157
Posted:
Is there any merit to the argument of: “if the HOA doesn’t enforce ABC then they can’t enforce XYZ”?
LawrenceC1 (Georgia)
Posts: 480
Posted:
No.
BrianB (California)
Posts: 2,820
Posted:
I totally agree with Lawrence, but for the sake of devil's advocacy...

Is there ANY merit to the argument? Yes. barely.

there's no real legal merit. time and again, lack of enforcement of X has no legal bearing on enforcement of Y. In fact, legally, lack of enforcement of X at this time has no legal bearing on enforcement of the same X in the future (just try to argue to a judge "But your honor, the other guy was speeding too, but the officer only cited me" and see how far that legal argument takes you.

However, there is perhaps an ethical or professional merit to the argument. It won't win you a case, but basically, it's the same as your parent telling you that drugs are bad and ruin lives, while they smoke and drink a martini. Are they being hypocritical? Yes. does this hypocrisy (or inaction in other examples) lessen or weaken their point? Yes. Enough to matter? to change the outcome?

No.

JohnO6 (Georgia)
Posts: 424
Posted:
Lawrence answered both succinctly and correctly.

No.
DarylF (Washington)
Posts: 157
Posted:
Thanks! I was pretty sure but wanted other opinions.

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