Help! Grandfathering Question

In no case presented here do I see a legitimate reason to "grandfather."

Remember, grandfathering is about a condition that existed at one time that was NOT controlled or restricted in the covenants that changed by an amendment at some point and is now restricted or controlled.

For example, sheds.

If at one time your documents allowed sheds, and under those covenants House A and House B erected sheds, then if the covenants change to DISALLOW sheds, the owners of House A and House B would be allowed to keep their sheds, but no more sheds would be allowed or permitted.

The sheds at House A & B would be grandfathered.

If the sheds ever collapse or need major renovation or overhaul, at that point any "new" or "replacement" shed could (and should) be denied to fall in line with the current covenants.

If the homeowner in your development cannot provide a document in writing that shows the developer allowed or waived the dog restriction for them, then they need to decide which dog is to find a new home.

They cannot be "grandfathered" since the covenant already existed AND they have NOTHING in writing where their individual request for waiver was approved.

The new owners who just up and got another dog, well, shame on them.

They should have checked their contract first. They will need to decide, too, which dog needs to find a new home.

Now, here's the thing, you state that some homeowners say you need to enforce (and they are absolutely right, by the way), and others say the documents need to be changed.

Meet them both halfway.

Agree to put an amendment allowing an increase in the number of dogs or removing the 2-dog restriction up for a membership vote.

If the majority feel it should be removed/altered, then the dogs can stay.

If the amendment is rejected, then one fido in each home will need to find a new family.

But "grandfathering" cases where the board is uncomfortable enforcing is NOT the way to go.

It truly does set up an arbitrary and selective enforcement situation.

And it's not called "grandfathering" -- it's simply a "waiver." But if it's done too often on the same covenant, then that's a clue that the covenant probably needs to be changed.