Changing ACC Rules Advice

Our ACC rules have not been updated since the builder's time, so the board is taking a look at them to review and make updates as necessary. Our bylaws allow for the Rules and Regs to be changed by the BOD with majority vote and become effective 30 days after circulation to the Homeowners. Homeowners may petition and vote to remove any ACC rules not put in place by the builder (those require BOD vote).

Hypothetically, what would happen if our ACC rules currently permit playstructures/swing sets with approval and we want to change the rule to be "wood" playstructures/swing sets only. Would people who have previously "approved" metal swingsets be allowed to keep them because they were actually approved or would they be required to remove them? I would expect that anyone who had metal swings without approval could be expected to remove them if enforced, but what about the people who made their purchases with board approval?

Would people who received prior actual approvals be allowed to keep their modifications or would they too be required to remove them?

Also, if we make a slight alteration to an existing rule ... for example, if we changed an item from one the "requires prior approval" to one that is allowed without approval if it meets specified guidelines, would it be considered a "new rule" and subject to HO revoking or still an old rule with the builder? For example, an old rule requires birdbaths get prior approval. If we changed that to "Birdbaths under 2 feet tall are permitted," does it now become a new rule ... I'm afraid it probably does. Any thoughts.

Any advice before we go too far down the path?

Thanks Mary:

Is adding in a "grandfather" statement as simple as one would think or does it require very specific verbiage.

No, because you are talking about new or modified structures, even if they replace an 'old" grandfathered one.

Your rules may state that 'as of May 1, 2010, all play structures must be constructed from blah, blah, blah"

IMHO, those grandfathered structures should be tagged as such, with pictures taken for the file. Any replacement or modification to them would fall under the new restrictions.

Exactly as you said, Susan.

It could also be phrased, "all new play set construction must use . . ."

To be clear, owners of old (grandfathered) sets could maintain what they have -- replace damaged or rusty parts, etc -- but they might not be permitted to update or replace them without complying with the new guidelines.

Dee,

That is correct. However, it's up to the board to determine of any grandfathered modifications would only apply to the original modification (which is the norm). That's why the BOD must state exactly what the grandfather clause applies to so the members will know exactly what they can and cannot do.