Keep Rules Flexible Without Forfeiting Future Rights
Community association boards occasionally want to make an exception to an association rule or restrictive covenant for a member whose unusual circumstance the board feels warrants an exception. Other times, a board may want to make a community-wide exception. Boards worry, though, that if they make an exception to a rule or restrictive covenant, they might be prevented from enforcing it at some time in the future. That’s because some courts have ruled that associations had forfeited their right to enforce certain rules or restrictive covenants by allowing violations.
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