Reviving Unenforced Restrictions

The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may be “revived” with a resolution of the Board that the Association will prospectively enforce the covenants, restrictions, and rules. Essentially, the Board puts everyone on notice that from this point forward, the Board will actively and evenhandedly enforce the restriction in question. The process for reviving a provision comes from the case of Chattel Shipping and Investment, Inc. v. Brickell Place Condominium Association, Inc., 481 So.2d 29 (Fla. 3rd DCA 1985).