Real Estate Law
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The answer requires consideration of two factors:
1. Do the CC&Rs of the association contain a provision stating that the failure of enforcement of any covenant does not operate as a blanket waiver of any other enforcement action?
2. Has the character of the community so changed since the CC&Rs were originally written that the changed demonstrates an intent to abandon the original CC&Rs?
If #1 above is true, then unless #2 is also true, then there is no precedent. In any other circumstance, it would be necessary for a court to determine whether or not #2 is true or false, and the declare the covenant abandoned.
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