I need to know my rights within an HOA when the HOA neglected to inform me of a policy - which hasn't been enforced for over 12 years (the length of time I've owned the unit). They are now trying to enforce it and I would like to know if I have any recourse.
Thank you for trusting our JA team for guidance.
You can file a petition to enjoin them from enforcing the policy, arguing that since they have not enforced it for at least 12 years, they have waived the right to enforce it.
However, if the HOA has language in it's agreement with you or it's bylaws stating that CCRs that are not enforced does not constitute a waiver, you would have a difficult time prevailing with this argument.
Therefore, you should consult with a property law attorney in your area to review the bylaws and other documents to see whether there is an opportunity to prevent the HOA from enforcing the policy now.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
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I have a book of condominium declarations and articles of incorporation from 1973 (when the complex was built) and within it is an addendum from 1994 that does not address the no dogs policy. I have no paperwork that addresses this new policy from 1995. This policy has never been mentioned or discussed in the twelve years of ownership. I lived at the unit for 6 weeks in 2008 and my dog lived there with me. There were owners that saw me and my dog and nothing was ever mentioned and I received no notices regarding my pet. Do you think I have a good shot at fighting this and having them change this policy?
Under these circumstances, it sounds like you have a fairly strong case--80% or so I'd say.
You could also have a physician write you a note that your animal is a medical companion under the ADA (American's with Disabilities Act) if you have some condition such as depression and the pet aids you medically. Don't call it a pet if this is the case. You and your physician should indicate it is a "medical companion".
All the best to you.
15 years of legal experience including real estate law.
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