QUESTION
How can HOA covenants become non-enforcable aside from state and federal violations?
Asked on Nov 02nd, 2013 on Landlord and Tenant Law - Washington
More details to this question:
HOA board resigned several years ago. The developer took over management now one builder is running things. We are forming a new board. But, is there anything that could prevent the new board from enforcing the existing covenants/bylaws?
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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I would need more details but I would think that such would be the starting point.
Answered on Nov 19th, 2013 at 6:13 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
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The answer depends upon all the facts involved. If a court determined that the CCRS had been "abandoned" due to non-enforcement over a period of time, that would pose a problem for you. You won't know for certain unless and until someone challenges subsequent enforcement of the CCRS.
Answered on Nov 18th, 2013 at 9:07 AM