Asked in Real Estate Law for Utah

Q: Is there a statue of limitations on an HOA issuing violations in Salt Lake City, Utah?

I own a condo that is part of an HOA. I put new windows in when I bought it in 2018 (I have the receipt). They are tan in color. I have never had a complaint about them in the past six years.

About a month ago I got a notice of a code violation because my 6 year old windows are not dark brown, which is what it says they need to be in the current governing document. I asked them why after 6 years my light brown windows were suddenly in violation. They said it's always been a community guideline that's been enforced. Clearly this is untrue, given the timeframe and the fact that there are other windows not of the "approved" color.

According to my understanding of the law, if they can't provide proof that I was in violation when I installed the windows, I shouldn't be issued the violation. They haven't shown me the 2018 rules, despite me asking several times.

Also 6 years is a long time to wait if it was a violation. Is there a statue of limitations on issuing violations?

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