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What's the statue of limitations if my HOA refuses to act on a CC&R violation?An owner in my condo building subdivided a unit in violation of the CC&Rs. (It's also in violation of city code, but the city inspector says it's too minor to warrant the expense of enforcement!) The HOA Board keeps promising to compel the owner to restore the unit to its original configuration, but does nothing. Is there a statute of limitations in this situation? How long can this go on before the statute of limitations is reached? Attorney answers (1)
Reputation Level 11
Answered about 2 years ago.
Real Estate Attorney in Falls Church, VA.
The statute of limitations is not in issue, because the subdivision of the unit would be a continuing violation. However, there are two equitable defenses that the violator could assert: (1) waiver and (2) laches (sleeping on one's rights). If the association waits too long to try and enforce the rule, then it will not be allowed to do so. How long it takes until waiver or laches would apply depends on the case law in your state and the facts and circumstances of each individual case. You should consult a local community association lawyer.
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