Question:
We have been accessing a tidal pond next to our property for irrigation system (constructed more than 24 years ago when home was built) This use does no harm and hasn’t for a quarter of a century! Now the new HOA has notified us with a violation for this use? Isn’t there a statute of limitations involving same? All previous HOA boards were aware of the system. The golf courses in the area use the same access.
Thank you!
– Carter
Answer:
Hi Carter,
First, make sure the violation actually constitutes a violation. A violation means you broke a rule, so check your governing documents to see if that rule really exists in your HOA. If the rule does not exist, then your HOA cannot enforce it. Second, if it is a rule and has been for many years, it may not be enforceable if they only decided to enforce it now.
You might find this article helpful: https://www.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
