#Selective enforcement hoa covenants code#

There is no waiver when there is no knowledge of the breach of the restrictive covenant by those who have a right to enforce it. § 9-3-29, rather than the statute of limitations applicable to written contracts, applied to an action by a homeowners association to collect past due condominium assessments. Corporation's failure to file a declaratory judgment action within two years of the filing of a supplementary declaration containing a ceiling on assessments against additional property owners did not waive its right to challenge the ceiling's validity in a timely action for damages for failure to pay assessments. §§ 9-3-29 and44-5-60 limit the enforceability of restrictive covenants and hence are inapplicable to a cause of action which is based upon the alleged existence of easements. This section applies specifically to covenants, and does not include other land restrictions, such as conditions subsequent. For comment, 'Injunction Remedy for Breach of Restrictive Covenants: An Economic Analysis,' see 45 Mercer L. For annual survey of real property law, see 68 Mercer L. The 2017 amendment, effective July 1, 2017, in subsection (c), inserted 'erection of a permanent fixture which results in a' in the first sentence and added the second sentence.

#Selective enforcement hoa covenants code#

This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity. When an alleged violation or complaint is based upon a continuous violation of the covenant resulting from an act or omission, the right of action shall accrue each time such act or omission occurs.

For the purpose of this Code section, the right of action shall accrue immediately upon the erection of a permanent fixture which results in a violation of the covenant restricting lands to certain uses or the violation of a set-back line provision.In actions for breach of covenant which accrue as a result of the failure to pay assessments or fees, the action shall be brought within four years after the right of action accrues.This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line. All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section.