QUESTION
Can they make us remove the chairs and plants on our walkway if its been there for the past 12 years?
Asked on Dec 01st, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
We have rented a unit in a complex governed by a homeowners for the past 12 years. During that 12 years, we have had plants and 2 chairs outside our door, on the walkway, with no problem not a word said. The past two weeks, we have got warning notices on our door, from the security guard, saying this violates rule 6. Can they make us remove the plants and chairs considering 12 years of precedence has been set?
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the fact they have not enforced the rule for 12 years does not mean that it cannot be enforced now.
Answered on Dec 05th, 2013 at 10:34 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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They can try.. but their failure to act for 12 years is probably a legal waiver under the doctrine of leaches.
Answered on Dec 05th, 2013 at 10:33 PM
They probably can, but see if they will grant an exception to you as long as none of the other homeowners complain. Laws/rules do not go away merely because they have not been enforced for may years. They might not be able to fine you for the acts in the past but could ban future actions.
Answered on Dec 05th, 2013 at 3:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably. Chances are the bylaws provide that a waiver of a bylaw does not waive future infractions.
Answered on Dec 05th, 2013 at 2:03 AM