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Is there a statute of limitations for HOA violations? I planted some vines several years ago without HOA approval. Five years later the Board has ordered me to remove them or they will impose a fine for failure to receive HOA approval. Can they do this or are my vines now protected by a statute of limitations for afailure to enforrce the HOA regulation?
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Depends. I am not giving you legal advice, but the information I have is that statute of limitations questions are always challenging. First of all, the statute of limitations doesn’t protect the vines, in most cases it is a legal defense that you would have if someone decides to sue you. A judge would ultimately decide if the particular limitation would apply to whoever is suing you.
Some states may have statute of limitations issues. Other states that consider HOAs a contract (like Arizona) may have a longer statute of limitations for a contract action. In Arizona, those actions can be filed for up to 6 years.
I would seek advice of a licensed attorney in your state and someone that has a real estate practice would be helpful.
If there is a state law regarding HOA statute of limitations then you are protected.
California Civil Code Section 784 “Restriction,” when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting,the use of real property in a deed, declaration, or other instrument,whether in the form of a covenant, equitable servitude, conditionsubsequent, negative easement, or other form of restriction.
Section 336. (Amended by Stats. 1998, Ch. 14, Sec. 3.)
§336.Within five years: .(b)An action for violation of a restriction, as defined in Section 784 of the Civil Code. The period prescribed in this subdivision runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation.