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CCOC Rules That Prior Failure to Enforce Association Rules Does Not Prevent Future Enforcement

In a recent case before the Commission on Common Ownership Communities (CCOC), Lerch Early successfully represented a homeowners association against a homeowner who claimed that because the association had not previously enforced rules, it was not entitled to do so now. The association has a ban on parking commercial vehicles in driveways. For many years, the homeowner parked a commercial vehicle in his driveway, and the association received complaints about it. The association sent letters to the homeowner, asking him to cease parking his commercial vehicle in the driveway, which he declined to do. He argued that the association had failed to enforce the rules in other cases, but Lerch Early presented evidence that other residents had been asked to remove their vehicles and had complied. The CCOC ruled in favor of the firm's client, noting that the association’s prior failure to enforce the ban on this homeowner’s vehicle did not preclude it from now doing so.


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