When would a CCR covenant be considered abandoned? If there is no HOA, and the 60 year old CCR states that all houses are to be 1 story, b...

Question

When would a CC&R covenant be considered abandoned?

If there is no HOA, and the 60 year old CC&R states that all houses are to be 1 story, but 24 years ago, someone added a 2nd story without any neighbor objections, would this 1 story covenant be seen as abandoned?

Answer

There is no such thing as abandonment in this area of law. If it is your house and you have added an additional story without HOA involvement, then there is an issue of the statute of limitations. If a neighbor has done this, this does not justify you violating the CC&R;s.

Answer

No, this is not an abandonment.