JeffG12 (Missouri)
Posts: 18
Posts: 18
Posted:
HOA in Missouri. Does the statute of limitations on bylaw violations begin on day of discovery or when a building is built in violation of Bylaws?
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Statute of Violations on violations begins?
Started by JeffG12 • 9 replies • 389 views
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JeffG12 (Missouri)
Posts: 18
Posts: 18
Posted:
I mean Statute of Limitations on violations begins?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
What you are actually looking for is The Doctrine of Laches
I would say it depends on how far apart those two dates are.
Bad analogy, but, similar to tree falling because it's dead, unless it's in the middle of a forested section, the owner of the tree knew about it or should have known about it and could be held responsible for any damage caused by the tree.
If there are years from when the building was built, then it's likely that the Association should have known about it and the date for latches would have started when the building was built.
Are you on large lots where a people wouldn't have known construction was taking place?
I would say it depends on how far apart those two dates are.
Bad analogy, but, similar to tree falling because it's dead, unless it's in the middle of a forested section, the owner of the tree knew about it or should have known about it and could be held responsible for any damage caused by the tree.
If there are years from when the building was built, then it's likely that the Association should have known about it and the date for latches would have started when the building was built.
Are you on large lots where a people wouldn't have known construction was taking place?
JeffG12 (Missouri)
Posts: 18
Posts: 18
Posted:
The problem is we have a 200' from roadway requirement and as a new board of trustees, we went around in January 2021 with a range finder and discovered three homes that were built in violation of the 200' rule.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By JeffG12 on 03/15/2021 11:49 AM
The problem is we have a 200' from roadway requirement and as a new board of trustees, we went around in January 2021 with a range finder and discovered three homes that were built in violation of the 200' rule.
The problem is we have a 200' from roadway requirement and as a new board of trustees, we went around in January 2021 with a range finder and discovered three homes that were built in violation of the 200' rule.
Since the homes are already built have you considered grandfathering them in and moving on? How long ago were these homes built?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By JeffG12 on 03/15/2021 11:49 AM
The problem is we have a 200' from roadway requirement and as a new board of trustees, we went around in January 2021 with a range finder and discovered three homes that were built in violation of the 200' rule.
The problem is we have a 200' from roadway requirement and as a new board of trustees, we went around in January 2021 with a range finder and discovered three homes that were built in violation of the 200' rule.
Realistically, nobody is going to tear down and rebuild to meet the requirement.
Therefore, I don't see what the Association would be trying to gain in enforcing at this time frame on three owners. Perhaps you could elaborate on what benefits the Association/membership would gain in the legal battle to enforce this covenant?
How far off are they?
JeffG12 (Missouri)
Posts: 18
Posts: 18
Posted:
At 50k feet, we probably should just grandfather them. I just don't want some "selective enforcement" later when another person builds in violaion.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By JeffG12 on 03/15/2021 1:54 PM
At 50k feet,
At 50k feet,
Did you mean that they are at 150 feet vs. 200 feet?
50k = 50,000
JeffG12 (Missouri)
Posts: 18
Posts: 18
Posted:
50k means a broad overview of our scenario from above ground level.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By JeffG12 on 03/15/2021 5:13 PM
50k means a broad overview of our scenario from above ground level.
50k means a broad overview of our scenario from above ground level.
Thanks, that clears it up.
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