HOA Retains Authority Even if it has Been Lax on Enforcement

  Question:  We live in a gated community in Chandler.  There are covenants, conditions, and restrictions (“CC&Rs”) that should be enforced by our homeowners association.  Due to the economy and numerous foreclosures in our gated community, there has been a shortage of funds in the bank account of our homeowners association.  The result is that…

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Has the HOA Waived Future Enforcement?

  An owner of a home in a subdivision governed by an HOA built a detached guest house three years ago. Detached guest houses are prohibited under the CC&Rs. The HOA is now demanding that the guest house be removed. Has the HOA waived its right to enforce the single-structure restriction? If the CC&Rs contain…

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