Is there a "grandfathered" case for a rule violati

Started by SharonH1 • 4 replies • 1262 views

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SharonH1 (Florida)
Posts: 2

Posted:

Our board has decided to enforce all rules and is sending letters to all homeowners with violations, even if the violation was there when the current owner purchased. For instance, an unattached shed behind a home is a violation of the rule that states no sheds will be unattached. However, we have a shed that has been on site for about 15 years, and the current homeowner has owned for 4 years. Should the shed be "grandfathered" or is it ok to make the current owner remove the shed?

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Sharon,

There is, in ciivl law, an item called laches, which basically states issues such as contract disputes need to be addressed in a reasonably timely fashion. If not, then a court probably won't allow complaints. In your case, either time span used, I'd guess, would allow the shed to stay.

Again, I'd guess.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By SharonH1 on 11/24/2008 9:59 AM
Our board has decided to enforce all rules and is sending letters to all homeowners with violations, even if the violation was there when the current owner purchased. For instance, an unattached shed behind a home is a violation of the rule that states no sheds will be unattached. However, we have a shed that has been on site for about 15 years, and the current homeowner has owned for 4 years. Should the shed be "grandfathered" or is it ok to make the current owner remove the shed?

Sharon,

IMO, changing a rule or enforcing one after 15 years should certainly mean grandfathering anyone who is in violation of the new rule or the old rule that was never enforced. There is a term in law called "laches" (undue delay in asseting a right or a privelege) which I believe can be used should someone decide to legally pursue this issue.

SharonH1 (Florida)
Posts: 2

Posted:

Thank you for this information. It is a big help.

SusanW1 (Michigan)
Posts: 5,202

Posted:

This is most interesting to me. We have had some families dock their boat along a canal for years (maybe up to 15) The roadside property next to the canal belongs to the association and these folks are not lakefront or canal residents. Nothing was ever done about it.

Just this past summer, several new residents began doing the same. NOW the board wants to do something about getting ALL non resident boats and docks off HOA prpoerty. What a mess!!

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