QUESTION: When for years a blind eye has been turned, can the board arbitrarily start to enforce the rules? Specifically, one pet is allowed per unit, many have more than two or more. Can the board demand that everyone go back to one pet?
ANSWER: The board could reestablish enforcement against new violations, but old violations are generally grandfathered. The board must give notice to everyone that it will not allow any further violations before it starts enforcement. The board should talk to legal counsel about how best to restart enforcement.
ASSISTANCE: Associations needing legal assistance can
contact us.
To stay current with issues affecting community associations, subscribe to the
Davis-Stirling Newsletter.