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Bill lets homeowners assert ‘abandonment’ defense when HOAs stop enforcing covenants for long periods
Summary
House Bill 147 would clarify when a homeowner may assert that an HOA covenant has been abandoned by defining an enforcement action as one that is applied “equally and consistently” on all properties for at least a two‑year period; sponsors say the change prevents selective and retributive enforcement by boards.
Representative Jedediah Hinkle introduced House Bill 147, which would add a statutory definition so a parcel owner can defend against enforcement by showing the covenant had been effectively abandoned under the statute’s eight‑year rule.
“Some boards enforce a covenant for a period of time, then stop enforcing it, then later choose to enforce it again,” Representative Jedediah Hinkle told the committee. He said the bill would define an enforcement action to mean the covenant “was equally and consistently enforced on all properties subject to the covenant over at…
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