Which concept refers to a missed opportunity to enforce a covenant?

The term that refers to a missed opportunity to enforce a covenant is "laches." Laches is a legal doctrine that can be interposed by a defendant in a lawsuit to argue that a plaintiff cannot seek a remedy because they waited too long to assert their right or claim, allowing the conditions to change to the detriment of the defendant. This concept underscores the importance of timely enforcement of rights and emphasizes that delay can undermine the enforceability of those rights.

In contrast, a waiver involves the voluntary relinquishment of a known right. If a community association explicitly decides not to enforce a covenant, that may be seen as a waiver. It implies that the association has chosen to allow a particular situation to occur, despite having the right to enforce the covenant.

Estoppel prevents a party from arguing something contrary to a claim established by previous actions or statements. It protects a party that has relied on the assertions or conduct of another party, intending to prevent unjust situations.

Selective enforcement refers to the practice of enforcing certain covenants against some members while not enforcing them against others. While it may suggest inconsistency, it does not specifically imply a missed opportunity to enforce a covenant in the manner captured by "laches."

Understanding these distinctions clarifies why "laches"