Is there a statute of limitations about enforcing KNOWN violations if left un touched for 8 years since written?

Hello, My name is David and I am writing from Dallas where recently our HOA out of the blue elected they wanted to enforce one of our original builders by laws that has not ever...........been enforced or worried about as NOT one complaint has ever been made. Screening of side of home AC units from front view has never been enforced since it was written by the builder in 2000. Matter of fact the builder who wrote the code has offered a written opinion to BOTH me and the Board to clarify that they wrote the code to regulate FRONT facing window units and screening front facing AC units..........NOT side units! However Our HOA was formed and took over in 2004 so they are claiming that the original developers opinion of the rule they wrote.........can simply be ignored?

Now......they want to ignore the builders written statement of what the code was meant to protect ( as it counters their initiative)( and they do NOT think they need to seek a legal opinion) of the code they are trying to enforce although the original builder has clearly submitted a written difference of opinions. Then the main enforcer is off boasting about group plant buys despite the controversy!

Questions:

1. The by laws were set in to effect in 2000. There has never been a complaint lodged with our HOA MGT company pre HOA take over or after HOA take over.

Is there a statute of limitations that might play in to effect here making "their quest" simply void anyways? They have been aware of "this code violation" since its inception in 2000. ALMOST 8 years old and never an issue.......until now?

2. Can they ignore the original developers written statement which we sought to get clarification if this was meant for our side of home AC units or not?

This from an HOA that has many many more pressing issues like thousands in past dues etc. etc.

HELP.......they have been un willing to budge and yet want to implement these costly changes now some 8 years later OR at least 3.5 years later since they took over the HOA?

Who knows the real law instead of some member reciting code he knows no legal......opinion on.

Thanks so much.

"Planting in Dallas"

What do your bylaws say about removing officers?
Surely there are other issues that need attention besides shrubs!!

Get rid of this board - then get the ambiquity out of the bylaws.

Ok questions are:

1. Can they ignore the builders reply and if so why is it that both sides agreed to abide by the by laws etc.?

So requesting a legal opinion does not make sense here before they impose expensive changes to hundreds of residents that when imposed have a known track record for creating other problems.

Smart move then when we have confirmed thousands of un paid dues are due..........a pending law suit they can not resolve against a subcontractor, NO news letter.........no social budget.

YET they want to plant bushes which are known for creating controversy around the AC units. Lets not think of the big picture!! Lets find one more policing action someone can feel superior about that has yet to ever yield a complaint.

That seems to far outweigh other issues mentioned! 8 years later they can NOW try to enforce?

Can they? Who legally knows? Thanks,.

David

I would like to see the actual clause to which you're referring. Is it so vague or ambiguous that it requires an opinion as to it's real meaning? Just because the board hasn't ever enforced a rule in the past, doesn't mean that it can't going forward. There is usually a clause in the docs that details this principle and it's been discussed in many of the old postings.

DavidS22: Would you kindly post the code you are referencing (and as presented from your documents) when you state ..."the builder who wrote the code has offered a written opinion to BOTH me and the Board to clarify that they wrote the code to regulate FRONT facing window units and screening front facing AC units..........NOT side units."

Normally, the official documents (Declaration/Bylaws)are not written by the builder but taken from a 'Master Copy' and tweaked somewhat to fit each community's specifications. But, yes, the builder does accept them when he chooses to present them as the community's official documents. The fact that, in your mind, the regulation re screening AC units was never before enforced does not negate the present Board from enforcing it.

However, if you and other community residents, believe that the regulation "is unreasonable" for your community's needs, you do have the option of changing the text to a more reasonable regulation for your community's needs. This would require a certain percentage of residents to vote on an 'amendment' to the existing document/s; your bylaws should dictate the process to do this for your community.

David:
..."and/Section 4.4, paragraph (m), page 14 of the Declaration states “ All exterior mechanical equipment, including, without limitation , heating, air conditioning, and ventilation (HVAC) equipment, shall be located and screened in a manner approved by the Developer or Committee (if formed)."

As a matter of information, prior to turnover from Developer to Residents, yes, the developer does have sole control of how things are done, and also funding for same. IMPORTANT: The "section" you have quoted from the Declaration clearly allowed the developer to 'screen in the manner' approved by him. He chose NOT to screen the equipment. Further, there is no differentiation of screening for equipment at the side, front, back of the unit in the wording you have provided.

Now the developer is gone and the present Board would like to 'screen' the equipment. To screen the equipment would also involve questions of plants/bushes which may become part of common area; funding as special assessment from residents; future maintenance from landscaping budget, etc. IMHO, the Declaration wording is not conclusive in that screening of the equipment MUST be done--especially in view of the fact that the Developer did not provide it initially and at his expense. He chose not to screen at all.

Questions for YOU:
- Does your Association have an Architectural Control Committee?
- Do your bylaws dictate a process for a "Committee to be formed" as stated in the Declaration?

"Can they turn us down for these open spots if we volunteer to fill them?" If these are appointed positions, of course they can. It's done all the time. If you were in control and THEY wanted those seats would you grant them? No board is going to willingly appoint people they know will be confrontational, especially if they have a vote. Harold