Does a Grandfather Clause Circumvent Active Violations?

Hi Angelo,

A grandfathering agreement typically refers to an arrangement where existing conditions, practices, or uses are allowed to continue under old rules even after new regulations are enacted. In the context of a homeowners association (HOA), this might apply to existing properties or situations that do not comply with new covenants, conditions, and restrictions (CC&Rs) but were compliant under previous rules.

However, using a grandfathering agreement to circumvent active CC&R violations can be problematic and is generally not advisable. Grandfathering is usually applied to allow pre-existing non-conforming uses or structures to remain in place without requiring them to conform to new regulations. It is not intended to excuse ongoing violations that have not been addressed or to allow continued non-compliance with current rules.

If there are active CC&R violations, it’s essential to address them in accordance with the association’s enforcement policies and procedures. Ignoring violations or using grandfathering improperly can undermine the integrity of the community’s rules, create legal risks, and lead to disputes among homeowners.

It’s advisable to consult with the HOA’s legal counsel to understand the proper application of grandfathering provisions and ensure that all actions taken are in compliance with the governing documents and applicable laws.