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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

/ Owner - March 31, 2022

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her violations and give the association pause in its resolve to pursue enforcement.   Read the entire article……………………………….

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