The section of statute that specifies the lack of enforcement may cause that section to be unenforceable.

I have an HOA in my neighborhood in Virginia. There is a homeowner that has a boat in their backyard and will not move it into their garage. Our covenants clearly state that there are to be no boats on any lot unless parked in a garage. They have had the boat there for 12 years and past HOA Board Members did not enforce the covenant although they knew the boat was there. Does this mean that the lack of enforcement causes this covenant to be unenforceable on this homeowner?

Lisa,

Typically there is language in the Declaration that specifies failure of one board enforcing a covenant doesn't prevent a future board from enforcing it. Note: if the Association is going to enforce any covenant they must enforce it equally on everyone who is in violation. If they only enforce it on one or two an argument can be made of selective enforcement.

There is no property law that makes an unenforced covenant void.

Arguments that an alleged violator could use as a defense could include:

Selective enforcement - the claim the Association was not enforcing equally against all violators

doctrine of latches - proving that the Association was aware of the violation but neglected to assert their rights of enforcement then vs. now. (this may be what your neighbor is referring to).

Received approval from a prior Board

Higher precedent document superseded the Covenant - for example the FTC ruling on satellite dishes

The Association lacked the authority - based on laws on governing documents.

Note: I said these are arguments an alleged violator could use. To determine if the argument is valid or not, a ruling by the courts would be required.

If you are planning on "fining" the Association needs to make sure it has the authority to fine.
As an HOA (vs. a condominium) it appears that this authority must be within the CC&Rs and not some other document.