If the HOA in my neighborhood failed to enforce a street lamp covenant for 11 years, can they do so now?

UPDATED: May 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the HOA in my neighborhood failed to enforce a street lamp covenant for 11 years, can they do so now?

They have threatened legal action if it’s not fixed.

Asked on May 13, 2011 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

They probably can enforce the covenant. The law does not generally make a failure to previously enforce a covenant, obligation, term, condition, etc. a waiver of the right to enforce it in the future. That is, just because someone did not insist on their rights previously does not mean they cannot insist on them now. Therefore, if there is indeed a covenant in the HOA agreement, etc., which allows them to do this, they can in fact do it, notwithstanding the fact that they choose--or even failed--to do so for many years previously. If they are discriminating against you, on the basis of  a protected category (e.g. race, religion, age over 40, sex, disability) in terms of selective enforcement, you may have a cause of action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption