Grandfathering

We have a new Board, after nearly 20 years of one woman running the place virtually by herself. She sometimes ignored the rules and allowed things that were forbidden. Sometimes she gave favored homeowners written approval for these violations and sometimes she just gave verbal approval. I am a Board Member and am now Chair of the ARC. A couple of those favored homeowners are rejecting my requests for them to remove violations (oversize sheds, etc.) that they say they had verbal approval for and which they say have been in place for 4-7 years. Is there any rule or general practice that grandfather violations that have no written approval? Our CCRs/Bylaws/Architectural Guidelines are silent on this issue, and our HOA attorney has been on vacation and hasn't yet responded to my question.

In Georgia there is a Statute of Limitation of 2 years.
The Association has the right to ask the resident to prove the time period, the item in question, was originally placed on the property. If they can not, the Association has the right to ask it be removed (and return property to original condition) or ask the resident to submit for approval.
The Statute applies to modifications that were made without prior approval.
Check your State Statute for time limits.
Also, a violation is a violation no matter when it occured. The Association can notify the resident and fines can accrue from the date the violation was first noticed (the date of the first written notice).
I your case where the past "Authority" granted permission, you can ask for copies of written approval. Again, they have to prove it (verbal approval usually doesn't float in court).
However, if one resident was given permission that does not mean that it is allowed for everyone. Don't think that item in question is now Grandfathered for the entire neighborhood, it's not.
Hope this helps.

Mary,
I really appreciate your response to this problem. I just met with my lawyer today, going over some of my own stuff, and he graciously, (well, I'm sure he'll bill me!) answered a bunch of questions I had regarding our CC&R's, as I move into our first review since inception 17 years ago. The very question of grandfathering came up. I've not been inclined to grandfather in any violation of covenants, as my understanding of grandfathering is in the change of law, or geography or something out of normal control of a governing body.

But I like what you say and how you say it, and I am going to use that very language when presenting this area of discussion to my committee.

You're a wise one.

Dorothy

Dorothy,

You are tooo kind. Thank you. :-)