![]() ![]() Community Housing Improvement System & Planning Assn. Waiver – “The right to enforce a restrictive covenant may be deemed generally waived when there are ‘a sufficient number of waivers so that the purpose of the general plan is undermined,’ in other words, when ‘substantially all of the landowners have acquiesced in a violation so as to indicate an abandonment.’” ( Alfaro v. ![]() The defense of laches could be used to defeat an association’s enforcement action if an association unreasonably delays in exercising its enforcement rights and that delay results in prejudice to the violating homeowner. Laches – Laches is an equitable defense that is used against persons who are unjustifiably slow to exercise a right or claim.Pro § 336(b).) The term “restriction” in this respect does not mean only those restrictions which are recorded in the CC&Rs it also includes unrecorded restrictions such as architectural standards. ![]()
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