JoanneW2 (California)
Posts: 1
Posts: 1
Posted:
I have a property that received a violation letter for a decrative stump in their front yard claiming it has been there over 5 years, which I know it has. Is this violation grandfathered in?
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grandfathered in
Started by JoanneW2 • 5 replies • 1257 views
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TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Not unless you have proof that the decorative stump was approved in a landscape design.
RayC4 (Virginia)
Posts: 173
Posts: 173
Posted:
Quote:
Posted By JoanneW2 on 03/04/2013 7:46 AM
I have a property that received a violation letter for a decrative stump in their front yard claiming it has been there over 5 years, which I know it has. Is this violation grandfathered in?
I have a property that received a violation letter for a decrative stump in their front yard claiming it has been there over 5 years, which I know it has. Is this violation grandfathered in?
Joanne, did the violation cite a specific section of your Covenants? I presume you have owned the property for the five years. Do you know why the BOD suddenly decided to put you on notice?
Not knowing other facts, etc, if you have indeed gone to some trouble and expense to 'landscape around' the stump, I think you have strong reasons to object. Five years is an unreasonable delay in issuing the violation, particularly if you have expended resources on the stump. (I am not an attorney, but I believe attorneys call this a 'laches' defense.)
That said, I'm flying blind on the details of your situation. The real question is: how important is it to you? You may have principle on your side, but the hassle of fighting it may not be worth it.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
One thing that needs to be understood is that grandfathering is not automatic.
The statute, covenant, guideline, etc. needs to specify that things are grandfathered or that the statute, covenant, etc. applies to items from x date forward.
The statute, covenant, guideline, etc. needs to specify that things are grandfathered or that the statute, covenant, etc. applies to items from x date forward.
BonnieG1 (Nebraska)
Posts: 1,186
Posts: 1,186
Posted:
I agree with Time.
In fact our documents state that even if a rule was not enforced in the past in may be enforced at any time.
Now I woul also agree that any new rule should allow for grandfathering.
In fact our documents state that even if a rule was not enforced in the past in may be enforced at any time.
Now I woul also agree that any new rule should allow for grandfathering.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
Posted By JoanneW2 on 03/04/2013 7:46 AM
I have a property that received a violation letter for a decrative stump in their front yard claiming it has been there over 5 years, which I know it has. Is this violation grandfathered in?
I have a property that received a violation letter for a decrative stump in their front yard claiming it has been there over 5 years, which I know it has. Is this violation grandfathered in?
Was the "no stump" rule adopted after the stump was already in place? If it was, it is grandfathered. If it was not, its a violation that was not enforced. It is now being enforced.
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