JenniferB14 (Colorado)
Posts: 148
Posts: 148
Posted:
*I put up a flagpole and a flag in 2014 and did not obtain ARC approval.
*ARC guidelines had specific requirements for flagpoles and stated the flags displayed on flagpoles were limited to the American Flag and state flags.
*ARC guidelines require written approval of all improvements and the ARC committee chair was well aware of the flags and flagpole.
*The association did not enforce compliance of these guidelines against me.
*Years passed, and in 2018 the association decided they did not like the particular flag I was flying at the time and sent me a violation for an unapproved flag. I have been flying different flags for different holidays since and the association has been giving me violations for these unapproved flags since May 2018 but have been unable to effectively fine me because they weren't following their policies, didn't have the right policies in effect amongst other things.
The building and improvement restriction statute of limitations in our state is 1 year and is very clear that the terms of any building restriction can not be enforced after one year. In fact from our HOA attorney's website: "No action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year...". The bottom line is I have had an unapproved flagpole and have been flying unapproved flags since 2014 but it became an issue in their eyes when I started flying various other flags in 2018.
Is it not a defense of Waiver that the association did not enforce compliance of a building/Improvement guideline when they were aware the violation existed in 2014. How can it be ok to allow unapproved flags then but not now? Is is not innappropriate due to the Statute of Limitations to violate me based on the terms of the building restriction? The use of the flagpole has not changed, and unapproved flags have been placed on the flagpole since construction.
Should I willfully conform? Perhaps, but I am angry. In October they claim they adopted yet a new flag policy however this policy also did not conform to the adoption requirements for a policy per our Declaration (ie; Lack of notice), nor did the board follow our Rule Policy for the creation of new rules and policies.
I would like input regarding the application of the SOL and the idea of waiver as it affects me specifically.
*ARC guidelines had specific requirements for flagpoles and stated the flags displayed on flagpoles were limited to the American Flag and state flags.
*ARC guidelines require written approval of all improvements and the ARC committee chair was well aware of the flags and flagpole.
*The association did not enforce compliance of these guidelines against me.
*Years passed, and in 2018 the association decided they did not like the particular flag I was flying at the time and sent me a violation for an unapproved flag. I have been flying different flags for different holidays since and the association has been giving me violations for these unapproved flags since May 2018 but have been unable to effectively fine me because they weren't following their policies, didn't have the right policies in effect amongst other things.
The building and improvement restriction statute of limitations in our state is 1 year and is very clear that the terms of any building restriction can not be enforced after one year. In fact from our HOA attorney's website: "No action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year...". The bottom line is I have had an unapproved flagpole and have been flying unapproved flags since 2014 but it became an issue in their eyes when I started flying various other flags in 2018.
Is it not a defense of Waiver that the association did not enforce compliance of a building/Improvement guideline when they were aware the violation existed in 2014. How can it be ok to allow unapproved flags then but not now? Is is not innappropriate due to the Statute of Limitations to violate me based on the terms of the building restriction? The use of the flagpole has not changed, and unapproved flags have been placed on the flagpole since construction.
Should I willfully conform? Perhaps, but I am angry. In October they claim they adopted yet a new flag policy however this policy also did not conform to the adoption requirements for a policy per our Declaration (ie; Lack of notice), nor did the board follow our Rule Policy for the creation of new rules and policies.
I would like input regarding the application of the SOL and the idea of waiver as it affects me specifically.