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Bill would clarify when homeowners associations may be barred from enforcing covenants after long non‑enforcement
Summary
Representative Jedidiah Hinkle told the committee House Bill 147 would define "enforcement action" so homeowners can assert a defense that a covenant was abandoned after prolonged periods without enforcement; the bill would require enforcement to be 'equally and consistently' applied over at least two years for enforcement to be valid.
Representative Jedidiah Hinkle, sponsor of House Bill 147, told the Senate Judiciary Committee the bill clarifies a defense available to homeowners under current law. Existing law allows a parcel owner to assert that a homeowners association (HOA) covenant, condition or restriction has been abandoned if no enforcement action has been undertaken for a statutory period (8 years). HB 147 would define what counts as an…
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