When ‘Grandfathered In’ Applies In Homeowner Disputes
Law360 (June 9, 2020, 6:19 PM EDT) — Typically, it is the act of a property owner being caught with a noncomplying condition that leads to the misunderstanding and misuse of the term “grandfathered in” in terms of the enforcement and interpretation of a homeowners’ association’s bylaws and/or covenants conditions and restrictions, or CC&Rs.
In this article, it is our aim to help HOA boards of directors, claims adjusters and property owners to understand and properly apply the term “grandfathered in” as it relates to the contractual obligations applicable to all HOAs.
Anyone who has lived in an HOA can relate to the following scenario. During the…