Question: We live in a gated community in Chandler. There are covenants, conditions, and restrictions (CC&Rs) that should be enforced by our homeowners association. Due to the economy and numerous foreclosures in our gated community, there has been a shortage of funds in the bank account of our homeowners association. Has enforcement of the CC&Rs been waived because these violations have gone on for years? Even if these violations by existing homeowners have been “grandfathered,” can the CC&Rs be enforced against new homeowners?
A non-waiver provision provides that a failure by the HOA to enforce a restriction of the CC&Rs in the past should not waive the right to enforce the restriction in the future.