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JoshG1 (Utah)
Posts: 5
Posted:
Our HOA has recently after 4 years of us being here and the HOA established in 2007 to start enforcing non compliance issues. Such as yards not done in time. Is there anything that says if it isn’t enforced within x amount of years the law no longer applies?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
No.

What do your governing documents say?
JoshG1 (Utah)
Posts: 5
Posted:
They say nothing about it either way.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
My point was that your governing documents that you agreed to include the provisions you wish, now, to avoid?
JoshG1 (Utah)
Posts: 5
Posted:
No what I’m saying is that in the passed 11 years they were not enforced and now all the sudden the current president’s yard is completed they are all of the sudden being enforced.
KerryL1 (California)
Posts: 14,550
Posted:
Generally, just because a covenant (CC&Rs, declaration, restrictions) hasn't been enforced regularly for for a while doesn't mean it no longer exists. Something like this is probably somewhere in your convents. Your rules & regulations ar probably a different document.

Now, if against your convents or rules, you built fence that was taller than the limit and no one enforced the covenant or rule for, say five years, the Owner might be able to get away with the violation.

But if an Owner fails to maintain their yard according to the rules and has gotten away with the violation for quite some time, the Board can decide to start enforcing these rules.

Is it yard maintenance, Josh? Or something else? I think George is trying to say that when you bought, you signed saying you understand the rules, covenants, etc. But now it sounds to him like you don't want to abide by them.

JoshG1 (Utah)
Posts: 5
Posted:
Yes I see your point. It has to do with the amount of time you have to put in your yard. I was just wondering if it was ok to all of the sudden after they took 12 years to put in a yard they can fine you for not having yours in on time. I will take that as they can.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I believe you can enforce them as long as they exist in the configuration they are. If a large group doesn't like the rules, then they can be changed by the majority. Let's say that what was "IN" 20 years ago is "OUT" now. I'd say it's time to get things updated and changed.

It doesn't always take an HOA to enforce the rules. Owner vs owner may do in some defunct HOA's if the CC&R's still exist.

I live in the city. Parked my truck under a tree for the last year next to my garage on the grass. Have 2 vehicles parked in the garage. (Not full of junk). Got home one day and had a note on my door. Seems the City has a restriction on parking on grass! Not sure why all of a sudden the code inspector came around in the 10 years. A neighbor did have his house for sale next door by a High profile Realtor. Now have to keep rotating vehicles to keep them in garage/driveway. Other neighbors do park on their grass but not in an eyesore kind of way.

Once a rule is in place, unless you and a group of like minded people go change it, it stands.

Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Ha!

Unless you live rural, I would say there is no good reason to park on the grass.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JoshG1 on 11/11/2019 5:41 PM
Our HOA has recently after 4 years of us being here and the HOA established in 2007 to start enforcing non compliance issues. Such as yards not done in time. Is there anything that says if it isn’t enforced within x amount of years the law no longer applies?


Yes. It's called 'abandonment of covenants.' See discussion on the net. For example: https://www.caidc.org/when-covenants-arent-enforced/

It's not a slam dunk defense. But it has worked in some instances. And rightly so, IMO.
JoshG1 (Utah)
Posts: 5
Posted:
The problem we have now is they have thrown out all of the ā€œnon compliantā€ people’s votes. So basically sounds like we’re screwed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Don't see anything wrong with parking on the grass next to a garage in a long establish parking space. There used to be gravel there but washed away. Neighborhood was built in the 60's. So there are spots established over long periods of time from frequent parking. Grass won't even grow there fully and mostly moss. There's not enough room to park even for visitors. Can't even park on the side of the road in front of my house. There's a deep ditch there. None of the neighbors cared if I parked there. Neighbor was from California and on a Temp assignment here. Think his uppity Realtor reported it in.

Former HOA President
AugustinD
Posts: 5,144
Posted:
Here is some discussion of Utah case law on the subject: https://johnrichardshoalawblog.com/2017/01/03/when-is-a-ccr-provision-abandoned-and-no-longer-enforceable/

I hear you that the Board has taken away your votes. If you wanted to fight the Board, then you'd start with a demand letter (lite version); repeat the demand every month; shop for an attorney to repeat the demand letter further; then stop with the politeness and threaten a lawsuit.

If you wanted to go to all the trouble of fighting the board, I think you have a pretty good case. But it would cost you a lot of money and aggravation. It might be less expensive to just put in the yard.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Josh,

It sounds like you are being held to the standards to which you agreed.

Melissa,

Your description of your neighborhood definitely sounds rural.
KerryL1 (California)
Posts: 14,550
Posted:
Is it really yard maintenance, Josh? Is that in the covenants or is it also in the Rules & Regs?

(Can we let go of Melissa's parking-on-the grass story?)
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By JoshG1 on 11/11/2019 8:32 PM
The problem we have now is they have thrown out all of the ā€œnon compliantā€ people’s votes. So basically sounds like we’re screwed.

So find out what the minimum requirements are to complete your backyard to satisfy the contractual obligations that YOU agreed to. HOA boards will wipe out the assessed fines upon completion.
GenoS (Florida)
Posts: 4,276
Posted:
Statute of Limitations may apply. For enforcement actions, I believe in Florida it's 4 or 5 years depending on the nature of the violation.

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