Is there a statute of limitations when it comes to an HOA enforcong a covenant?

I’ve lived in my home for nearly 16 years. The home was purchased with a permanent basketball hoop cemented into the ground over the driveway. After 16 years, I received a letter from my HOA stating that I must take this hoop down as it violates the covenants. s there a statute of limitations that would allow me to keep the hoop since I purchased the home with it and have enjoyed it all these years without a peep from the HOA?

Asked on March 18, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There really is not a per se statute of limitations when it comes to an HOA enforcing a covenant. However, with respect to the matter that you are writing about, since it has been 16 years since the basketball standard had been at your place and the HOA is now trying to have you remove it, there is a legal doctrine called "waiver" that you can use as a defense to the request that you are in violation of a recorded covenants, conditions & restrictions on your property.

I suggest that you consult with an attorney who practices in the area of planned unit developments.

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