Legal Question in Real Estate Law in California
This is part of my HOA, what does it mean?
NO WAIVER
The failure by any landowner to abide by any of the restrictions, conditions, covenants or agreements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior to or subsequent thereto, nor shall such failure give rise to any claim or cause of action against the Homeowners Association.
1 Answer from Attorneys
It is impossible to reliably interpret a single sentence taken out of context. However, what this seems to mean is that just because the HOA does not take action against a landowner for a failure to follow the CC&Rs; does not prevent them from taking action at a later time. In the law, failure to enforce legal rights can result in waiving those rights, unless the parties have a written agreement that says the rights are not waived. The second part of the sentence would seem to be saying that other landowners cannot sue the HOA for failing to enforce the CC&Rs; against another landowner.
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