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| Tuesday, February 07, 2012
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JimR15
(CO)
Posts:2
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| 08/18/2010 8:29 AM |
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Our board is being asked by a homeowner to force a neighbor to remove a rather lage assortment of stacked firewood. While the view of the firewood seems unsightly and the covenants could be interpreted to prohibit the wood, it has been this way for a long time. Previous HOA boards have not addressed this issue either on this property of others. The residence with the wood has been vacant for over two years with the wood there. Now the new homeowner is being asked to remove the wood.
Isn't there a one year rule which automatically protects the new owner from having to take the requested action?
JR |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/18/2010 12:54 PM |
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Isn't there a one year rule which automatically protects the new owner from having to take the requested action?
Only is make-believe land. |
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MaryA1
Posts:0
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| 08/18/2010 3:55 PM |
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Jim,
There is a legal term called "laches" which meand that a suit may be dismissed because of a plaintiff's unreasonable delay in asserting a right or privilege, in this case enforcing the covenants. This would have to be settled in a court of law. Until such time as a court action is brought against the HOA, the BOD could get away with enforcing restrictions that have not been enforced for many, many years. |
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JonD1
(New York)
Posts:706
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| 08/18/2010 6:43 PM |
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Jim:
In my understanding if a previous Board failed to enforce certain rules or restrictions that behavior does NOT prevent future Boards from doing so.
Real simple solution have the new owners move the wood. Case closed. |
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TimB4
(Virginia)
Posts:3246
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| 08/18/2010 10:43 PM |
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Posted By MaryA1 on 08/18/2010 3:55 PM
Jim,
There is a legal term called "laches" which meand that a suit may be dismissed because of a plaintiff's unreasonable delay in asserting a right or privilege, in this case enforcing the covenants. This would have to be settled in a court of law. Until such time as a court action is brought against the HOA, the BOD could get away with enforcing restrictions that have not been enforced for many, many years.
Mary,
It is my understanding that the time line for latches starts when the Association is first aware of the issue. It would also be expected that the individual would have to prove when the Association was aware of the issue (which might be found during discovery). So the issue would be, when was the violation first noticed. My expectation is that the Association would reply "when we sent the notice".
Additionally, I agree with Jon, that if a previous Board failed to enforce certain rules or restrictions that behavior does NOT prevent future Boards from doing so.
Jim,
You admit that the firewood stack is probably in violation of the covenants, guidelines or rules. Don't fault the Association for enforcing the agreement everyone agreed to live by, providing that they are enforcing the same rules on everyone equally.
Tim
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