For more than eight years, the association has ignored dozens of visible violations of a declaration provision banning pickup trucks parked overnight in driveways. When Amir moves in, the board immediately fines him for parking his truck in the driveway, even though neighboring owners have done the same thing for years without penalty. What defense does Amir most likely raise?
Correct Answer
D) That prior widespread nonenforcement may support waiver, abandonment, or selective-enforcement arguments
When similar covenant violations have been openly tolerated for a long time, an owner may argue waiver, abandonment, or selective enforcement. The success of that defense depends on the facts and applicable law, but it is the most legally relevant response to years of broad nonenforcement.
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Previous Question
Renee obtains a city building permit for a detached storage shed that meets all municipal setback rules. After construction begins, the association points out that the recorded CC&Rs prohibit detached outbuildings anywhere in the subdivision. Which statement is most accurate?
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After closing on a townhouse in a common-interest development, Elena says she never agreed to join the homeowners association and refuses to follow its published rules. Her deed references the recorded declaration for the project. Which statement is most accurate?