Lost Records. Sometimes written proof of the proper adoption of amendments, rules or architectural guidelines is lost. It may be due to poor record keeping, floods, fires, or turnover of management companies.
Circumstantial Evidence. If at some later date the amendment, a rule or guideline is challenged and no direct evidence of its approval or adoption can be found, associations can present circumstantial evidence that the amendment, rule or guideline had been duly adopted. Unlike direct evidence, circumstantial evidence does not directly prove the fact in question. Instead, circumstantial evidence may support a logical conclusion that the disputed fact is true.
[W]e find no legal support for the... claim that a common interest association is required to provide direct, rather than circumstantial evidence that its use restrictions were properly adopted in an action to enforce the restrictions. (Clear Lake v. Cramer)
Statute of Limitations. The statute of limitations for challenging an amendment is four years.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.