Covenant Amendments

If whoever is proposing the amendment desires grandfathering, then he/she/they should add exacting language about who is grandfathered. If the proposed amendment (written to included grandfathering of certain owners who meet certain conditions), if the proposed amendment passes and otherwise meets the requirements for amendments as given in the covenants and state law, then yes, the grandfathering is allowed.

Try to urge people to be specific about who they want "grandfathered." The word "grandfathered" is used much too loosely in HOA land. The HOA owners and board should want wording in the amendment that will have legal teeth.

Clarification: if owner has a 2nd or 3rd unit AND lives in one of the three, he is not subject to it.

Yes, "grandfathering" is permitted, but, with Terri, your Board must make s certain that the grandfather clause complies with other aspects of your CC&Rs, bylaws and Articles of Incorporation or doesn't contradict them. And that it doesn't violate some state or muni statute.

Wording could include, I think, that the grandfather clauses applies only to the owners as of the date of the recordation of the new CC&Rs, but not to subsequent owners. But THAT depends on what the clause says. Our Board voted on a grandfather clause when we restated our entire CC&Rs couple of years ago. We proposed banning smoking everywhere on our high rise condo premises including inside owners' units. A director motioned that we grandfather in existing owners and renters to permit them to continue smoking in their units. On moving away, the no smoking in units restriction would apply. His motion was quickly defeated.

How 'bout sharing with us the proposed amendment and the possible grandfather clause? I think we could be more helpful.

grandfathering is not automatic. It must be written into the governing documents.

Without knowing what the amendments are concerning, it's difficult to provide an opinion on how to write a grandfather clause for it.

I had an issue with my previous HOA about changes in architectural designs. This is when I discovered that a grandfather clause has to be written into the document to be applicable. Therefore, I lobbied support and was able to place the following grandfather clause within that HOAs governing docs:

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.