How can I change a covenant or restriction within a homeowners asscoiation?
Full Question:
How can I change a covenant or restriction within a homeowners asscoiation?
05/10/2007 |
Category: Real Property |
State: Texas |
#4414
Answer:
One way is by having the association execute a document waiving the covenant or restriction as to your situation or change the restriction or covenant by such a document.
The right to enforce a restrictive covenant may be lost by failing to enforce the covenant. An example would be where, by failing to act, an association leads a lot owner to believe that the association is not going to insist upon the covenant or where landowners in a tract or subdivision fail to object to general and continuous violations of restrictions. It is contrary to equity and good conscience to enforce rights under restrictive building covenants where the defendant has been led to suppose by word, conduct, or silence of the plaintiff that there are no objections to his or her operations.