No Waiver of Rights

My condo association (Florida) has a dilemma and I do so hope someone can help me interpret the following ...

The Declarations read " No Waiver of Rights - The failure of the Association or any unit owner to enforce any covenant, restriction or other provision of the Act, this Declaration, The Articles of Incorporation the by-laws or rules or regulations adopted pursuant to said documents, as the same may be amended from time to time, shall not constitute a waiver of their right to do so thereafter."

I'd be happy to explain the situation and am asking for a cold look at the terminology above.

I've learned so very much here and I value your opinions. Thanks....

Thanks sooo much, Joe. From reading on this forum about "later enforcement" I went looking in our Docs and when my non-legal (hehehe) eyes saw this... I felt it was the clause I was looking for.

We had our takeover from the builder a year ago August. The BOD spent a few months developing guidelines and all the other "stuff" that a new association needs to do. A condo owner was in violation of one of our ARC rules. This went before an arbritrator today (after the usual due process). We were given 20 days to show "proof" etc. Long story short - Our atty said the unit owner is using the "one-year use and enjoyment" provision/law? prior to arbitration will satisfy his defense.

Because I had read here about new boards enforcing rules prior boards had neglected to act upon, I thought the portion I had excerpted might fit the bill.

The unit owner in violation, is a past board member of another homeowner association and has caused a lot of grief.

Again, thanks....
Ann

Nancy,
Is it redundant to add that it does have to be a new board, it could be the same old board that has a change of heart, or conditions may change to require, say by law, a stronger wording of the covenant. Of course the inverse is true also. Once you enforce a coveant and for some reason decide you are going to enforce it, you still have thje power of enforcememt

The Declarations read " No Waiver of Rights - The failure of the Association or any unit owner to enforce any covenant, restriction or other provision of the Act, this Declaration, The Articles of Incorporation the by-laws or rules or regulations adopted pursuant to said documents, as the same may be amended from time to time, shall not constitute a waiver of their right to do so thereafter."

The amount of times that I heard, as a current board mrember, from a former board member a nonsensical statement about rules, "we never did it like that when I was on the board," or the familiar,"thats not what the intent of those rules were!"

Many an HOA member, has had to conform to a rule, that they did not know was part of their obligations as a member, let alone understand how it originated or why it applied to them..

You grow, with your time in an HOA and start to understand some of your rules and regulations. Yet, some HOA members feel ignorance of rules is bliss, when it becomes a rule that applies to themselves or thier friends. You find yourself undrstanding why the clause above is in your documents.

These same HOA members feel the Charter/By-laws must be followed to the letter by other HOA members they want to torture with regulations. In some cases these "TYRRANTS" use thier imagination, and create a set of rule(s) when it is something "THEY" find offensive or in need of a rule in their minds!

The usual reasons like,"well that should be a rule, if it's not!" Creating decension among their followers by these few, is what seems to happen, along with a general apathy to follow any rules. The guiding force of these few is to NOT follow rules, because "they" don't like them.

Too Bad for all, because now we all pay the price. Understanding that just trying to do the right thing, not because its a rule but because it is considerate and thoughtful.

Which most times is what your rules and regulations are all about.

DanaA,
Your HOA can change just about anything in your documents that is not stated they can't be changed. Will it get you in trouble to do this? Absolutely. As to your question, it is highly unlikely this topic is not covered some where, make sure you look good and research it good. But you can add this clause, make sure it is worded to fit you association. If there were things allowed in the past by old boards, when you are adding the above clause, add a clause that the specific items will be enforced from the date of the addition of the clause. If the folks breaking the covenants complain, that they should be grandfathered, that may have to be addressed, but, end all, if you change your documents according to your documents and specify that none will be given any special consideration, then you are right and if they think they are let them get s lawyer and prove it. This is such common language in Association document that I can't see how a judge would not consider that.

Have you checked your State Laws and Corporation papers?

Robert, if you sift through these posts, you will find that there are individuals who are sincerely interested in assisting those new to the HOA BOD "scene". This is a fabulous forum full of wisdom. In turn, when I have knowledge and experience behind me, I will share so that others do not muddle around aimlessly. Though the issues may have the same underlying theme, perhaps, there are little nuances that make each one unique. This is not a multiple choice test.

Robert R,

Discussion is good, and some of us also need guidance and counsel, this site is just that! Guidance to a concerned HOA member, by others outside of their own enviroment and counsel to circumstances or issues by those able to give advice because of their more expert background or because they have faced a similar situation. This leads to discussions by all that care.

Helping one another, or seeking help from another, should never be frowned upon by any of those that come to, or have come to this site. Expanding my personal understanding of my HOA is good for ALL members that I serve.

I guess I have not read ALL that is here, and know ALL that I can, to advise every question or inquiry but I am learning every day as I visit this site. Thank you for your ability to criticize

Being jaded by familiar topics over and over again, is not mine or those that I have told about this very helpful sites problems. Good luck to you for having all the answers, you must be bored.

To conclude, AnnJ1 is being helped here, and NancyD1 tried to help, I commented because I read our HOA situation in her dilemna. Joe West's answer was from an expert. So RobertR1, are you a leader with good advice? or runnung around wondering what smells and who's leading your HOA?