Do Covenants and/or By Laws become null due to non-enforcement?
<p>I seem to remember a lecture during my Business Law Classes which discussed nullification of Community Covenants or By-Laws (an HOA for example) when a certain rule has been violated for x-years and no attempt at enforcement was made.</p>

<p>There was even some legal terminology to describe this situation. I don't remember if it was a state (Colorado) or Federal thing either.</p>

<p>Example: Someone is operating a VRBO rental against By-Laws of an HOA. This has been going on for 10 years. All of a sudden the HOA chooses to enforce this and a court finds it un-enforcible due to un-enforcement in the past.</p>

<p>Desuetude is the Latin word.
<a href="https://en.wikipedia.org/wiki/Desuetude" rel="nofollow noreferrer">https://en.wikipedia.org/wiki/Desuetude</a></p>

<p>Typically there is more to it than just that there was no enforcement for a while. It usually occurs when prosecutors agree not to prosecute and judges don't punish or punish harshly for it.</p>

<p>Normally an HOA is just rules for your apartment building and not actual laws so it would not apply there. </p>

united-states real-estate colorado hoa