I seem to remember a lecture during my Business Law Classes which discussed nullification of Community Covenants or By-Laws (an HOA for example) when a certain rule has been violated for x-years and no attempt at enforcement was made.
There was even some legal terminology to describe this situation. I don't remember if it was a state (Colorado) or Federal thing either.
Example: Someone is operating a VRBO rental against By-Laws of an HOA. This has been going on for 10 years. All of a sudden the HOA chooses to enforce this and a court finds it un-enforcible due to un-enforcement in the past.