What is the name of your state?North Carolina
We have a 20 acre horse fdarm in a subdivision and there are 4 other small farms in the subdivision also. We have lived here for over 10 years and have bred and trained the horses. We have also boarded other peoples horses for over ten years wit no complaints from anyone. Ladst year one of the meighbors sued the HOA because he wanted out of the restrictions and would not pay dues for 3 years. He ultimately settled with the assoc. but being the covenants say residential purposes and we have boarded horses they are now trying to stop our business of over ten years. All the farms knew fom day one that we had a small boarding business and bred horses and no one ever complained before. The neighbor who is making the most noise also boarded three of our horses on his property for over three years. The agreement was that I pay for the fertilizer, cut the fields and generally keep up the fields and the barn. They have one horse.
The association is trying to stop our little business and yet allow another farmer to continue to raise and sell cows and hay as his property is the only outlet to the riding trails. They are also attempting to let him out of paying the yearly dues.
When we stopped breeding the mares we brought our three horses to our farm and no longer take care of the property I mentioned before.
My point is. Do they have a legal argument after all this time? Do I have an affirmative defense?
We have a 20 acre horse fdarm in a subdivision and there are 4 other small farms in the subdivision also. We have lived here for over 10 years and have bred and trained the horses. We have also boarded other peoples horses for over ten years wit no complaints from anyone. Ladst year one of the meighbors sued the HOA because he wanted out of the restrictions and would not pay dues for 3 years. He ultimately settled with the assoc. but being the covenants say residential purposes and we have boarded horses they are now trying to stop our business of over ten years. All the farms knew fom day one that we had a small boarding business and bred horses and no one ever complained before. The neighbor who is making the most noise also boarded three of our horses on his property for over three years. The agreement was that I pay for the fertilizer, cut the fields and generally keep up the fields and the barn. They have one horse.
The association is trying to stop our little business and yet allow another farmer to continue to raise and sell cows and hay as his property is the only outlet to the riding trails. They are also attempting to let him out of paying the yearly dues.
When we stopped breeding the mares we brought our three horses to our farm and no longer take care of the property I mentioned before.
My point is. Do they have a legal argument after all this time? Do I have an affirmative defense?