quailrancher
Junior Member
What is the name of your state (only U.S. law)? California
I live in an over 55 community/HOA. Sixteen years ago a man asked permission of the HOA board of directors to start a community garden. The board agreed in writing, but didn’t follow the proper procedure for granting exclusive use of the commons property. Essentially there was no contract, especially after the first year, when contracts would normally expire.
The man kept gardening over the years, expanding the garden to 10,000 square feet. He never asked permission and the various board were happy, never raising an objection. In the early part of 2013, the man handed management of the garden over to another individual. The board accepted this. The second man invested a lot of work and money into the garden, and when things were well under way, a new board sent him a cease and desist, destroy the garden letter.
My question is, did all those years of gardening with tacit approval create a long-running, implied by fact contract? I’m well aware that such a contract can be terminated at any time, but the presence of such a contract up to the very end would mean that none of the improvements made in the garden could be seen as violations, as the board maintains, since they were approved of by the board’s silence.
Thanks in advance
I live in an over 55 community/HOA. Sixteen years ago a man asked permission of the HOA board of directors to start a community garden. The board agreed in writing, but didn’t follow the proper procedure for granting exclusive use of the commons property. Essentially there was no contract, especially after the first year, when contracts would normally expire.
The man kept gardening over the years, expanding the garden to 10,000 square feet. He never asked permission and the various board were happy, never raising an objection. In the early part of 2013, the man handed management of the garden over to another individual. The board accepted this. The second man invested a lot of work and money into the garden, and when things were well under way, a new board sent him a cease and desist, destroy the garden letter.
My question is, did all those years of gardening with tacit approval create a long-running, implied by fact contract? I’m well aware that such a contract can be terminated at any time, but the presence of such a contract up to the very end would mean that none of the improvements made in the garden could be seen as violations, as the board maintains, since they were approved of by the board’s silence.
Thanks in advance