grandfathering

The management company didn't enforce the rules in our HOA. The board wants to "grandfather" in all the violations that have already occured. The violations have greatly affected the aesthetics of our comunity.The laws were in place before the violations occured, can the laws just be ignored. I can't find anything on "grandfathering" in our bylaws, and state statutes. Any info would be greatly appreciated.
Barbara

Their was no BOD in place at that time. Since the BOD is in place now they don't want to go after the violations. I'm saying they can't ignore the rules. I am on the BOD and I am looking for some kind of documentation on this matter.
Barbara

It sounds to me like the board just doesn't want to do the hard work or the heavy lifting that's going to be required to maintain the integrity of their documents.

Will it be easy to go back and enforce now?

Probably not, but that's no reason to not do it.

What might be in their best interest is to make a complete list of the violations that still exist today and develop an action plan for addressing them.

If there are fences and/or sheds or other items that have been erected without prior approval, provide the residents the opportunity to file a belated plan.

Then review the plans for each and if the fences, etc., meet the minimum standards for your community, approve them.

If they don't, simply indicate what needs to be changed and allow the homeowner the opportunity to come into compliance.

If it means a hefty expenditure on behalf of the resident, work out an equitable agreement that brings them INTO compliance ultimately. Perhaps extend the time-frame for compliance, that sort of thing.

What can I say or show the president when the subject comes up again. My thought is how can you enforce any bylaws when you allowed many of them to be violated. Any law on this?
Barbara

Barbara, I feel for you. When we took over from the developer the first board had NO CLUE what a document, rule or state statute was. They honestly thought this was going to just be a private little "club house" for people to live in and that they'd just wing it as they went. In other words; have their own agenda.

They allowed everyone who lived on the first floor to plant whatever they wished on the little plot of land outside their front door. (Even though there was planted ground cover throughout.) Lots of people grumbled and tried to explain that they were violating the rules by letting people do that. They were allowing some people to have "exclusive" use to common areas. Other people, on the second floor, complained that they couldn't plant anything.

The result is a mess out front. Some people have taken great pains to plant beautiful flowers....then there are a couple units in between with nothing. Others have let their areas die. It's horrible. One guy put down rubber mulch and we had a big battle with him last year to remove it.

The one thing you must do is COMMUNICATE with the owners. I would plan a meeting to discuss this very topic. I'd make certain that everyone gets a copy of the rule that states they can't do things like that. But with that rule I'd also include some information about your upcoming meeting.

You may explain that you need to strive for a "consistant" look throughout the property. You may even kick around the idea of starting a "beautification" committe, and invite some of the owners who LIKE plantings to be on the committee and submit plans to the board. If people are told they must rip out their plantings they may get hostile. But if you approach them with NEEDING their talents they may be more receptive to the idea.

The bylaw about planting won't be changed because we never get enough owners to vote on anything. I still have a problem with the president every violation "was grandfathered in" What do I say to her when she says it again
(she likes to make up her own laws).
Barbara

1) If the landscaping was done on the townhome owner's property or provided to them as a limited common area, I would start with a coutesy notice which quotes the restriction being violated and request the owner to take action to correct it.

2) If the landscaping is in the common area the Board can determine and act on landscaping modification actions which they determine are appropriate. The Board should never have allowed the owners to modify the landscaping; but it could be too late to ask the violators (if known) to correct their violation.

Please remember that comments posted are for information purposes only and are not legal opinions. Reference is made to the general legal notice at the bottom of this page.

Barbara, ask to see the minutes of the meeting documenting the vote. There is no grandfathering except as allowed by the controlling documents. Or are you referring to a waiver given by the developer or an approval made by the Architectural Committee or Board?