Can a residential covenant be enforced after a violation has been in place with no notice of non compliance for 5 years?

Answer 1

You need to review the instrument that created the Protective Covenants and restrictions. There is usually a provision that will address your question such as the following example: [Enforcement and Attorneys

Answer 2

You need to review the instrument that created the Protective Covenants and restrictions. There is usually a provision that will address your question such as the following example: [Enforcement and Attorneys’ Fees. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, including injunctive relief, all restrictions, conditions, covenants, reservations, liens, charges, and obligations now or hereafter imposed by the provisions of this Declaration. In connection with such litigation, the prevailing party shall be entitled to recover all costs and expenses incurred in connection with such litigation, including reasonable attorneys’ fees. Without limiting the generality of the foregoing, the prevailing party in any litigation to require the Association to perform its obligations or to require the Declarant to incorporate the Association or to perform any other action or obligation imposed on the Declarant pursuant to this Declaration, shall be entitled to recover all costs and expenses incurred in connection with such litigation, including reasonable attorneys’ fees. *The failure of the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.*] Covenants are attached to the real estate in order to preserve the integrity of the subdivision and other purchasers of lots have the right to expect the benefit of their enforcement. By purchasing your lot subject to the covenants you agreed to abide by them. Your property is subject to all the provisions. Start by reviewing the original declaration and check your state laws that govern deed restrictions. In Massachusetts they usually expire after 30 years.