By Jean Winters, Esq. — August 23rd, 2013

Homeowners now have an important ruling enabling them to challenge covenants that were recorded more than five years before they purchased their home. To challenge covenants, homeowners may seek a declaratory judgment asking the court to declare them invalid, or ask for an injunction or other supplemental relief. Associations typically have claimed the statute of limitations barred the lawsuit entirely. They claimed that the statute of limitations “runs” from the date the covenants were recorded, even if the homeowners had purchased their home much later.   Read more…..