Equitable defenses, part 2

2. Waiver. If the association allows rules to be broken by some members then it would be waived, at least temporarily. However the board can still choose to enforce the rules again against all unit owners at any time, with timely notice, proper follow-up, and consistent and fair enforcement of the rules.

3. Estoppel. This is very similar to the previous defense, waiver. The gist is that the board has previously waived or gone against the rules and the unit owner took this as a sign that these rules no longer apply. For example, if the rules state that only residents are allowed to use the pool, but a new condo owner notices that his neighbors bring in their friends and have pool parties every weekend, it would be reasonable for the new owner to assume that this is allowed.

To be continued…