ShellyZ1
Posts: 2
Posts: 2
Posted:
Hi all, I hope you can help me. A residential property in an acreage subdivision has been a specific use for 34 + years. Sometime during that 34 years an HOA was formed and the use continued despite being a violation of the covenants that were implemented when the HOA was formed. The owner became a member of the association and pays dues. If the property is now sold and the new owner wants to continue the current use, even though it’s a violation of the covenants, will the grandfathered variance still be applicable or do the covenants supercede the use due to the change of ownership? If so, any suggestions to get around this? The owner is ill and the adult son wants to buy the house and continue the use, which is income producing for both father and son