![]() ![]() An association is said to be “estopped” or precluded from enforcing a given provision in its governing documents when there has been selective enforcement. However, if the association were to simply begin enforcing a previously unenforced restriction without first satisfying the requisite procedural and notice requirements, its actions could be challenged on the basis of waiver (albeit subject to non-waiver provisions in many association governing documents) and selective enforcement, both of which are recognized defenses in circumstances such as these. In fact, the board of directors may be considering taking legal action against anyone who fails to comply. In response, the board of directors determines it is necessary or prudent to again begin enforcement of a restriction that has not been enforced for some time, maybe even years. Other common examples include commercial vehicle restrictions, a prohibition on tool sheds, or a requirement to obtain association approval before leasing a unit or home.Īt some point, possibly because the lack of enforcement gave rise to un desirable conditions in the building or community, or for other considerations, members of the association (owners) demand that th e association address the problem. For example, an association may have been overlooking a pet restriction in its declaration of condominium or declaration of covenants and restrictions, such as a restriction prohibiting dogs, limiting the number of dogs, or perhaps imposing a weight limitation. Nonetheless, an association may on occasion find itself in a situation where a particular provision in its governing documents has not been enforced uniformly (or perhaps not at all) for some time. Photo by /Morakot KawinchanĬondominium and homeowners associations typically understand the importance of uniformly enforcing their covenants, restrictions, and rules and regulations as set forth in their governing documents. Enforcing a Previously Unenforced Covenant, Restriction, or Rule and Regulationīy Ramon C.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |