Question:
We were out-of state owners/builders and our house was turned over to us in November of 2023.. We signed a building requirement contract that stated we needed a 18” driveway culvert. Just this evening, we received a notice from the HOA president that we are in violation of the building contract because the culvert is 15”. Is there a time limit for enforcement of this violation?
– David
Answer:
Hi David,
It is possible that the HOA only now noticed or inspected that your driveway does not meet the building requirements. Make sure to check your agreement with the builder to see if the builder failed to meet the requirements of your contract. In the meantime, you can try to speak to your HOA board about the violation and explain what happened.
Keep in mind that the HOA is not obligated to let the violation pass just because your builder made a mistake. If the HOA’s rules require an 18-inch driveway and yours does not meet that requirement, the HOA can enforce the violation.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
