Quote:
Posted By LindaC26 on 04/18/2012 6:23 PM
Can new board send violation letters to home owners when these violations have been ignored for years.
Typically there is language within the governing documents that says failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
You need to read your governing documents. If similar language exists, then yes a current or future board (or any owner) may enforce the covenants even if a previous boards did not.
Quote:
Posted By LindaC26 on 04/18/2012 6:23 PM
These were in retaliation because these homeowners got rid of old board because of financial problems.
Irregardless of the reason behind the enforcement procedure, if the violation exists the owner of the property in violation is subject to enforcement procedures. This is because they agreed to comply with the covenants when they purchased the property.
If you believe that the Board is selectively enforcing a covenant on you and not others, you will need to prove that in a court of law. If you are successful in providing such proof and the court agrees, you would likely still need to comply with the covenants (as you agreed to do). The court would likely order the Board to apply the same enforcement process to your neighbors you identified who are also in violation.
I know that this isn't what you wanted to hear. I hope it helps.
Tim