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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37960
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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20 years ago a board of directors allowed a resident to put

Customer Question

20 years ago a board of directors allowed a resident to put up a privacy wall around her deck which was against the association by laws Now a resident is putting one up saying because the old board let this happen it now has set a precedent is this true?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 6 months ago.

Hello,

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.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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