A Waivers Prevention of Enforcement of Restrictive Covenants
People who purchase properties located within common interest communities governed by a homeowners association are bound to comply with restrictions contained in the governing documents for the homeowners association. A homeowner who violates those restrictions is subject to various methods of enforcement that are contained in applicable state laws and/or the association’s governing documents, and the association has a duty to enforce those restrictions. Not withstanding said duty, associations have some discretion that enables its board of directors to make decisions about the extent of action it wants to take to enforce a particular violation. Occasionally, an association’s efforts to enforce a restrictive covenant against a particular owner are met with a defense “waiver.” The defense “waiver” is generally precipitated by a history of an association’s board of directors failing or refusing to enforce a particular restriction.