That is the selective enforcement issue. I have actually seen this in a previous community with deed restrictions.
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Originally Posted by Altavia
But then there is this?
Waiver is the intentional or voluntary relinquishment of a known right or conduct which infers the relinquishment of a known right.
The right to enforce a restrictive covenant may be lost due to waiver where, by failing to act, one leads another to believe that he or she is not going to insist upon enforcement of the covenant.
Courts have found that when an association is aware of the violations for a lengthy period of time without raising any objections it may have waived its right to later pursue enforcement of such activities.
If an association postpones enforcement of violations of which it is aware for such a lengthy period that the reasonable inference can be made that the association will tolerate the violations, then waiver has occurred.
Since most associations will begin enforcement activities soon after learning of a violation, successful waiver defenses are rare.
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