Grandfather clauses

Terry,

VA § 55-509.7 has the language that binds the Association to any statement made in a disclosure package [emphasis added]:

G. When a disclosure packet has been delivered as required by § 55-509.5, the association shall, as to the purchaser, be bound by the statements set forth therein as to the status of the assessment account and the status of the lot with respect to any violation of the declaration, bylaws, rules and regulations, architectural guidelines and articles of incorporation, if any, of the association as of the date of the statement unless the purchaser had actual knowledge that the contents of the disclosure packet were in error.

We realized that this provision in VA law could change and/or be eliminated. Realizing that the likelihood of having enough members participate in a vote to amend the CC&Rs, I led a campaign to amend our Bylaws. Here is our amended (less the name of the Association):

Section 3 Grandfather Clause: Any design change (past, present or future) to a Lot located within the [name] Association that was approved, in writing, or identified as being in compliance on any past, current or future disclosure packet properly issued under the Virginia Property Owners' Act, is hereby considered in compliance with current or future Architectural Guidelines providing the item identified in the design change or as reported on a Disclosure Statement is kept in proper repair and appearance and if replaced, the replacement must adhere to the current guidelines adopted and in force by the Association at the time of replacement.

This all came about because a Board chose to standardize storm doors and was trying to force members to comply with the new standard by claiming previously approved storm doors needed to be replaced irregardless of the condition of the current door or when they were previously approved. There were other issues involved as well.

Hope this helps,

Tim