Grandfathering

The Mgt Co has explained a recent total wood fence replacement as, “Grandfathered in.” Since it was originally approved when wood was permitted (but not since 2015), the homeowner could replace same for same and do not need to submit for approval. I complained that the new wood fence is a violation as it does not conform to the current standards. The same thing happened in 2018 and neither the previous Mgt Co nor the HOA did anything or even respond to my reported violation. In the fence standards, two statements stand out: All construction must be submitted for approval, and if a homeowner has a wood fence and it needs to be replaced, it must be replaced with aluminum, steel, or brick. Any comments on Grandfathering?

This is a perfect illustration of when grandfathering is appropriate: something that was approved and complied with CC&Rs/rules/etc. at the time it was approved becomes a violation when a rule change or amendment occurred.

How would you feel if you spent thousands of dollars for something that was perfectly OK, only to have a future board tell you: "you're now in violation, you have to spend many more thousands to remove and replace your whatever"? This would be completely unfair to a homeowner who did nothing wrong, and it would almost certainly result in an expensive lawsuit filed against the HOA. I would also expect any judge to rule against any HOA foolish enough to try this, since it's the definition of "unreasonable" and the courts do not like unreasonable.

In short, you're wasting your time over this.

I agree, if the homeowner has chosen to replace the item at this time, then it should be to the new standard.

Grandfathering prevents homeowners who'd acted in good faith from being forced by the HOA to correct something until it's a reasonable time to do so - usually because of the expense involved. If a violation is noted, it's common for the owner in question to be told that they will have to address the violation when they sell the home or when they decide to replace the item.

There is no automatic grandfathering unless it it written into the law or your governing documents. I would ask the management company to quote the law or governing document so you can read exactly what it says.