Unenforced policy in deed restrictions

Hello all,

Small lake HOA homeowner/combat veteran, new member. We have an electric motor only / not to exceed 3.5 HP policy that was put in the restrictions in 1959. I purchased my boat 3 years ago and asked the lakes chair about these rules as this is my first experience with an HOA and the boat I was interested was 4.0 HP. I was told that it was not an issue, that as long as there is no "speed boats" its really not enforced. I believe there are now 14-15 boats with the same motor on the lake.

Recently, I asked a question about an electric body board on our HOA facebook page and posted a video of what I was talking about. Overall it was a good discussion with a few people dragging the conversation south. The HP of the electric body board was calculated at 5.0HP and the deed restrictions were mentioned.

Wanting to stay transparent about everything I mentioned that there are many boats that violate that going back years before me and that we can not pick and choose when to apply the rule. It's either allowed or it isn't. After many back and forth's the end result is now the board is discussions their options as to potentially having these 14 motors removed from the lake. Is there a statue of limitations when a policy that's in the deeds has gone unenforced for so long/so many times before it just doesn't apply? Again, I sought out the lakes chair before purchase wand was given the green light.

I'm trying to learn more about anti-waiver provisions and was hoping to get some good knowledge here. Thanks in advance!

The deed language appears to be difficult to modify with how it is stated.

"12) All of the restrictions, conditions, covenants, charges, easements, and agreements contained
herein shall be for a period of twenty-five years from January 1, 1959 and shall automatically be
continued thereafter for successive periods of twenty-five years each; provided, however, that
the owners of the fee simple title of seventy-five percent or more of the lots in said plat may
release all or part of said lots from all or any portion of these restrictions at the end of this first
twenty-five year period, or any successive twenty-five year period thereafter by executing and
acknowledging an appropriate agreement or agreements, in writing for such purposes and filing
the same for record in the office of the Register of Deeds for Livingston County, Michigan, at
least five years prior to the expiration of this first twenty-five year period, or of any twenty-five
year period thereafter. (The date of January 1, 1959 in the above paragraph applies to
Greenfield Shores and Greenfield Shores #2. The date of January 1, 1960 applies to Greenfield
Shores #3 and #4 instead of January 1, 1959.)"