When faced with an enforcement action by a community association, owners often argue the association is selectively enforcing the covenants. Some also argue the association waived its right to enforce because the association knew about the violation for a substantial period of time, but failed to timely enforce against them or other owners. Recently, the Third District Court of Appeals (“Third DCA”) addressed these arguments in Laguna Tropical, a Condominium Association, Inc. v. Barnave, Case No. 3D16–1531 (Fla. 3d DCA, January 25, 2017), when it rejected an owner’s claim that the condominium association was selectively enforcing a restriction against him. Read the article…………
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