But is that actually true? It depends.īackground and Meaning of the Phrase “Grandfathered In” Some homeowner in your complex, who does things differently from what is prescribed by the CC&Rs, will complain that because the HOA had not previously enforced the CC&Rs against him or her or others in the complex, the condition is now “grandfathered in” and is therefore, untouchable. The issue may not be landscaping, but the type of window trim, or the color of the front door, or the type of stonework used to pave a front patio. I shouldn’t have to pay out-of-pocket to remove the tree or face penalties – it’s been there so long it’s been grandfathered in!” “I just got a letter telling me to cease and desist,” they say, “for growing a palm tree on my patio because it doesn’t comply with the landscaping requirements in the CC&Rs! I’ve been growing that palm tree for six years, and this is the first time anyone’s ever complained. He or she holds up a letter and waves it while bristling with anger. During the Open Forum of an HOA Board meeting, one homeowner stands up from the collection of chairs. 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.Īnyone who has lived in an HOA can relate to the following scenario. Typically, it is the act of a property owner “being caught” with a non-complying 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 (“HOA”) by-laws and/or Covenants Conditions & Restrictions (“CC&Rs”).

Hoa failure to enforce covenants