Legal Precendence?

I live in a community where one of our rules, specifically with respect to guests using our common ground, does not seem to have been enforced for over 20 years. Our rule states guests must be accompanied when on our common ground (includes a pond and riding ring). There are several people who board horses and allow their boarders to use the community riding ring which has been standard practice in our community for an extended period of time.

Does having a rule "not enforced" for such a long period of time set a legal precendent that could impact our ability to enforce the rule on a go forward basis?

How about people who have spent money or bought in our community based on the understanding that this behaviour had been "allowed" eventhough technically against the rules? There is documentation in our meeting notes actually thanking boarders for their work on maintaining the riding ring so it seems obvious that the fact that this rule was being broken was pretty open.

SoniaW,

Clearly there is a benefit to the boarders using the riding ring though technically against the rules.

IMO, look into the insurance ramifications, if any, by modifying the rule so as to apply to all common ground with the exception of the ability of the boarders to ride unit owner's horses unaccompanied.

There is nothing wrong with modifying a rule so as to benefit the eligable mortgage holders.

Best of success!!
GeraldT1
NNJ

It seems to me that, the law notwithstanding, the HOA would still need a hold harmless and indemnify release signed by the adult horse owners that would include their children and any persons that the owners or children give permission to ride.

One of these horses could cause injury to a homeowner, or other person, and the HOA would be sued.

The attorney needs to address all of the issues with you. If it were me, I would obtain copies of the law in advance, study them, and also do some research into case law on the issue.