Question:
When an HOA goes dormant for a few years and has no management; during that time some homeowners install portable sheds that are explicitly not allowed in the bylaws, when the HOA resumes, do they have legal precedence to say that they are grandfathered in or do they still have responsibility to comply with the once again inforced rules?
Secondly, If the HOA decides to not address those offenders but target another homeowner for a temporary issue, does the homeowner have grounds for selective enforcement?
Also, our board president has just built a new home and used metal siding that is not allowed in our CC&R’s. He is currently flying under the radar simply due to the fact that from 100 yards away it is hard to tell. I would guess we have a strong case for targeting or selective enforcement.
I appreciate any insights you may lend.
– Eric
Answer:
Hi Eric,
Typically, reinstated HOAs have the authority to enforce the rules once more. Regardless of previous dormancy, previous violations are not automatically grandfathered in unless the association chooses to amend the rule to add the grandfather clause. Kindly review the governing documents to verify whether or not adding a grandfather clause (or amending the governing documents) requires a membership vote or meeting.
Apart from this, if the HOA does not enforce the rules equally, this may be a case of selective enforcement. You may document evidence of selective enforcement and raise this with the HOA board. For further guidance, kindly consult an attorney.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
