Grandfather clauses

Does anyone have an example of a grandfather clause which would allow a violation which existed before we elected trustees, to stand without penalty? We would like to include that upon sale by the original owner, the violation be made to conform to the covenants or be reviewed by the trustees for a formal waver. Is this even possible?

Sharon,

Virginia, my state, law actually binds the Association to the purchaser for any statement made on the disclosure statement. Therefore, if the house was painted yellow and should have been painted red, but the Association failed to mention that violation on the disclosure statement - the yellow house is now considered in compliance. However, many in our Association wrongfully felt that this really didn't apply to us (major issue).

Due to this issue within the Association, the following grandfather clause was recently adopted by the membership:

Any design change (past, present or future) to a lot located within the [Name of Association] that was approved, in writing, or identified as being in compliance on any past, current or future disclosure packet properly issued under the Virginia Property Owners' Act, is hereby considered in compliance with current or future Architectural Guidelines providing the item identified in the design change or as reported on a Disclosure Statement is kept in proper repair and appearance and if replaced, the replacement must adhere to the current guidelines adopted an in force by the Association at the time of replacement.

Hope this helps. The amendment was adopted by a 3 to 1 ratio (3 yea to every 1 nay).

Tim