Some of the questions we receive will be posted on this page (with consent), along with the reply.
Question: Grandin Lake Shores Homeowners Association does not seem to enforce some of its rules. Rules often overlooked include the ban of more than two storage units on the property. I want to put a third storage unit on my lot. I was going to remove the smaller unit and replace it with a larger one but that is much more expensive than adding a third. Also, all three units will be in compliance with County Codes. What can I do if the association issues me a violation notice, even though other homeowners have more than two. (via e-mail)
Reply: The failure of this homeowners’ association to enforce the covenants, bylaws or rules of the governing documents creates an “affirmative defense”, often referred to as “selective enforcement.” This defense and a related affirmative defense known as “waiver” are often raised if the board decides to start enforcement.
In general, when an association fails to enforce a covenant or rule, other members observe that and are lulled into the sense that they can do so too. Although an oversimplification, the owner’s reliance on the association’s failure to enforce creates an “estoppel,” which means that it is inequitable to arbitrarily one day decide to start enforcing a covenant or rule.
The usual approach to these situations is to “draw a line in the sand.” The board would adopt a resolution “grandfathering” existing violations and giving all owners notice that the covenant or rule will be prospectively enforced. The board and its legal counsel need to review what the actual covenant or rule is, whether it is still desirable for the community and determine where the “line in the sand” has been or should be drawn.
Question; I have noticed many dogs that are not kept on the owner’s property as per the bylaws. Particularly, the black & white dog that the owner lets run all over the neighborhood chasing cats and other small animals. Dogs barking in the middle of the night is also getting out of hand in my area too. I was told that I would have to handle problems like this myself. Is this true?
Reply; Bylaws, Article II, Section 4 (e) has never been enforced that we know of and is also considered “unreasonable”; can’t walk your dog, even on a leash. As for barking at all hours of the night, a member came to a board meeting last year and asked if they would enforce the Covenants; "No noxious or offensive trade shall be carried on any lot, nor shall anything be done thereon which shall be or become an annoyance or nuisance to the neighborhood."
The directors informed that member there was nothing they could do. They were correct, nothing has been enforced for decades with the possible exception of the annual lot fees. Due to this, very little is still enforceable and they will need an attorney to fix it. The directors have announced that the members should handle anything that is a code violation themselves. The August 2024 newsletter states; “A few people have complained about empty lots with trailers and junk storage on them. That is goes against county code and anyone can report those to code enforcement, they are the ones who can enforce such things. Not the association.” Also, it’s on the meeting recording.
There are noise ordinances you could use for the barking. You could call Animal Control for the roaming dogs (videos of the offender helps). You could move to a functioning HOA. You have options but counting on the directors for much of anything isn’t one of them.