On 2/13/23 11:08 AM, Grant Saviers wrote:
Not a lawyer, but experienced a situation were long lack of
enforcement or selective enforcement became grounds for the HOA to
lose that right or interest. I think it depends on the state laws
that pertain to "common interest associations".
Yeah, it's that "laches" thing - the problem is, it's non trivial to
contest it, regardless if it has any chance of success. That is you've
got to find an attorney who will do the motion to dismiss, etc. Kind
of like how some deep pocket entities file suit, knowing they'd lose if
it went to trial, but also knowing you don't have the resources to get
there.
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