Dogs and Bylaws

Long story short: Our association recently (1 1/2yrs ago) took over (via legal battle) from the builder. The builder basically had free reign for 10yrs and ammended by-laws for every new section he put in. My neighbor and I literally have different rules for fences, dogs, sheds, etc. During this process, he also did not enforce them. The current association is attempting to enforce the dog restriction. My question is: If you have been living in the community under the old assoc. (who did not enforce them) and now the new, shouldn't there be some kind of grandfather clause? I say this because many people have dogs, fences or sheds that deviate with the bylaw but they were openly ignored in the past. Not to mention, the assoc. is planning to enforce only the dog. Is this discrimination? To change them now would cost the owners considerable expense, plus how can they be expected to get rid of a pet they have had for years and has not caused any trouble?

Thanks,

Stephanie

Agreed. Failure to enforce is not a waiver to enforce. The problem is, if you moved in with Covenants that stated no dogs, no shed, etc. and you got those things anyway, you are at fault.

The only 'out' I can see is if the builder amended/created these bylaws (after you pruchased your home) in violation of the the process stated in your Covenants or state laws. In that case, from a legal aspect I would think it would be hard to enforce bylaws that are in and of themselves a violation.

Good luck!
Lisa