Real Estate Law
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Welcome and thank you for your question. It is interesting that the HOA waited so long to ask you to remove the shed. Unfortunately there is no statute of limitations period that the board must enforce a CC&R or lose the ability to do so. This is a link for the laws that govern HOA's in Nebraska http://www.hoa-usa.com/statelaws/ne.aspx. What could be beneficial is if any other owners have sheds and have not been required to remove them. Are there any other owners with sheds?
The issue is that the board has the duty to enforce the rules. Failure of the board to enforce the rules can result in removal or the possibility of owners taking legal action against the board http://www.nolo.com/legal-encyclopedia/can-homeowners-make-the-hoa-enforce-rule.html. That being said the rules need to be enforced uniformly. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA!
Have you spoken to your attorney? Do you have any additional questions for me?
Therese I still have not heard back from you. Do you have any additional questions for me?