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I live in a community that has an HOA. The documents say that…

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I live in a community...
I live in a community that has an HOA. The documents say that a screen door must be the pull across kind and not a screen door. 20-30 residents installed screen doors and nothing was said. Now eight years later the HOA is saying they must be removed. Is there a statue of limitations and can the HOA enforce the rule after ignoring it for eight years.
Thank you.
Submitted: 3 years ago.Category: Real Estate Law
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6/30/2015
Real Estate Lawyer: LawTalk, Attorney replied 3 years ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,876
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Unfer FL law, and unlike criminal statutes of limitations which deal with a single illegal act, the placement of the screen door constitutes an ongoing violation of the HOA By-Laws or CC&R's and there is no grandfathering in of such violations, nor is there a statute of limitations which will allow the owners to keep the violations in place.
The HOA may legally enforce the rule despite the fact that is has not been enforced in years past. I am sorry.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,
Doug
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