What if a particular rule is not enforced?

Originally homeowners were allowed to pump water from the water retention ponds for watering their lawns.

Years ago the Deed Restrictions were amended to prevent people from using the retention ponds for watering lawns.

People have continued to do so for years without being fined.

Now others are wanting to also extra water from the pond but the Board is stating it is not allowed and the current people
doing it are not allowed either. Yet no one has been fined.

Someone mentioned that if a given rule/bylaw is not enforced after X amount of time it is no longer valid and therefore
anyone is allowed to do it. Basically a precedence has been set.

Can anyone confirm this?
I searched but couldn't find any reference.

The one reason I am a bit skeptical is because the deed restriction also states that no more than a single family may reside in a give home.
(This is an exaggerated example) Does that mean if I house 2-3 different families in my house and don't get caught
after X number of months it now becomes a precedence and everyone is allowed to house 2-3 different families?

Typically there is language within the documents that says failure to enforce doesn't prevent future enforcement.
It's possible that this board won't enforce but a future board might.

Lack of enforcement also doesn't prevent a homeowner from bringing legal action against another homeowner to bring that homeowner into compliance.


That isn't entirely correct.
A homeowner can challenge (in a court of law) that the Association is singling them out for enforcement but allowed others to do the same thing without making them comply. When this happens it's called selective enforcement and one of the following could happen:

1) The judge orders the Association to enforce this rule on everyone in addition to you (it's then up to you to bring the Association back to court if they violate the judges order).

2) The judge orders the Association that the covenant or rule is unenforceable (which is what your hoping will happen)

3) The judge treats it like a speeding ticket, acknowledges that there may be others in violation, and then finds you are also in violation and upholds the boards action against you.


No, as you are considered in violation when the board discovers the issue. Until then, no one was aware you were in violation.

Using the speeding ticket example again, just because you speed to work every day won't stop the police from giving you a ticket when they catch you speeding. The other times you were speeding, you just hadn't been caught.

Thanks for the info and clarification.
That definitely makes more sense than rules simply disappearing.