nonconforming windows. legal precedent?

Started by TonyK4 • 1 replies • 781 views

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TonyK4 (Florida)
Posts: 1

Posted:

Our HOA has requirements that all exterior windows and sliders conform to a specific standard. Living rooms have 5 panels, which includes a single slider. One owner replaced these windows/slider with a 4 panel setup which included a double slider.
The installation was done without approval from the Board. Subsequently, the Board debated whether to require the owner to revert back to the old 5 panel setup but eventually decided to take no action. Does this establish precedent for another owner to install a 4 panel setup?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Depends how long ago.

Failure to enforce can, if challenged, have a judge rule that covenant unenforceable.

If you deny one and allow the other or enforce one and not the other, this can allow a defense of selective enforcement when the Association does try to enforce.

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