Board Actions-It's unethical but is it illegal?

Last year our Lakefront's Association Board 'sold' the members on an idea to improve the park/lake area with a new safer pier/catwalk-selling the improvements with statements such as "no changes will be made to lakefront assignments"-basically boats, sailboats, watercrafts will all remain, "this will add value to your home", etc.

Members voted on this improvement project and it was passed. Each member of the association paid a due to have this project completed. The lakefront park area looks great. This year the same Board is trying to take away slips/shore stations to several of the families on this new pier, that have 'grandfathered spots', the same members who were sold on the idea, paid the dues, etc. Right now there is a wait list for boat shore stations and new families to the association want them and want them immediately. They do not want to wait their turn, as all families have done over the last 50+ years. It is very apparent that the Board is taking advantage of the older members of our association.

My questions are:
*Is this legal-to sell an improvement which costs members money, then try to take it away their use of it next year?
*Once something is voted on and grandfathered, can the grandfathered item/topic be up for discussion again? Year after year??
*Can an association vote to take away the assets of other members? i.e. the grandfathered families followed the rules and regs, bought their boats and shore stations, pay their annual dues. If this gets voted and passed what are they to do with their boats/shore stations??

I'm one of the younger members of the association and am appalled at the actions of our Board of Directors and some of the other younger association members. I would not want anyone to take advantage of my older family member and feel their needs to be some steps taken to support our older members. Just want to take the right steps and follow proper procedures.

They do not purchase their boat slip or lease it. The association has boats slips/shore stations and buoys. Once someone moves into the association they are notified that there is a wait list. They can put their names on the list or take a boat shore station or buoy,if available. The grandfathered cases took slips when they were available. Today there are none available which is making new homeowners unhappy--even though they knew that moving in.

Good questions, Mary.

Tracie, I just want to clarify something here. It really depends what is being grandfathered.

In our association, there used to be not restrictions on which side of a fence faced outwards.

Some time after about 10 or so fences were built, the HOA voted on an amendment that would require the finished side of a fence to face out.

Those houses that had already built with the finished side facing in were grandfathered. However, once the fence requires maintenance or rebuilding it MUST conform with the new restrictions.

Other grandfather clauses may have additional stipulations on when the grandfathered element must conform as well, and it may not always be when the home changes owners.

Though I would imagine in this case it would mean a change of ownership.

I can see both sides:

1. Everyone is reqired to pay, but just a few get the "perks" year after year. There ought to be a lottery for the slots for x amount of years, then a change over, so the "perk" can be enjoyed by all.

2. Families that have had slots should not be forced to give them up just because of improvements.

IMHO, only those who used this "exclusive" perk should have been required to pay for the improvements. The board was wrong to assess ALL for the use of just a few.

Colleen,

Since the new rule says "Permanent space assignments presently in existence are approved" how is this going to change anything? Those who currently have the space assignments will retain them until they don't want them anymore or until they move. How is this taking anything away from these members.

Michele,

I agree! I cannot see how grandfathering applies to this. Grandfathering occurs when a rule changes. Those who would now be in violation of the new rule are grandfathered (granted an exception to the new rule).