Posted by John Merchant on December 17, 2009 at 11:09:32:
There are at least a couple of legal issues I see in your question and the answer to both depends on your state’s statutes.
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Did the Dvlpr adequately preserve his rights as required by your state? i.e. recording the necessary docs that contain all the language necessary?
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Has he forfeited past years’ fees under your state’s SOL (stat of limitations)because he didn’t sue on them w/i that period of time in which a written contract must be sued upon? In most states this is from 4-6 years.
If I were the lawyer representing that HOA and it got sued, I’d defend with both these defenses, saying that he did forfeit by not preserving his rights as per that state’s HOA laws and was not in compliance with the SOL time limits.