Source: February 19, 2014 in Announcements, Condo, HOA,
Legal, Management by FAN
In community associations, this may be a valid legal defense
for a rule-breaking owner to claim “ignorance of the law”. If a rule is not clearly communicated or
regularly enforced, the rule may become unenforceable by the Board.
For example, Del Boca Vista condo has a no dogs rule in
their documents. However, owners have ignored the rule over the years and dogs
are frequently seen around the common areas. A new owner moves into the condo
with his pit bull. The Board of Del Boca Vista may have difficulty enforcing
the rule and not allowing the pit bull.
The cousin to this phrase is Selective Enforcement. This
phrase is self-explanatory. Both of these are more sophisticated ways of an
owner saying “That’s not fair”.
Why does this matter and what should I do about it?
If you want your community to maintain the restrictions and
rules that all the owners agreed to when buying, you need to make sure the
rules are clearly communicated and regularly enforced. If you don’t the rules may become
unenforceable. You may effectively be
changing the documents and rules with apathy.
If you google the phrase Equitable Estoppel, you might find
the following:
Equitable Estoppel occurs when a party voluntarily acts in a
way that later precludes that party from asserting rights against another party
who has, in good faith, relied on the party’s actions and changed position for
the worse. Equitable Estoppel, which may be asserted as a defense to a cause of
action or used to avoid a defense, consists of three elements: voluntary
conduct, reliance, and detriment.
Source: February 19, 2014 in Announcements, Condo, HOA,
Legal, Management by FAN
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