This list should be kept with association records. In the case of a pet, an owner’s grandfather status may last only for the life of the animal.Īt the time of adopting an amendment, the association should make a list of all owners entitled to grandfather status. Over time, as the owners with grandfather status move away, there will be fewer instances in which the restriction may be legally ignored, and the problem will disappear. This is especially true when the amendment may cause harm or prejudice to the owners. The amendment may not infringe the rights of owners who acquired their unit relying on the original declaration. This is known as “grandfathering” or granting “grandfather” status. However, a new prohibition against boats in the parking lot or pets on the premises will likely be applied only against future violators.Īn amendment to a declaration should specify that owners who have been using the property in the now-prohibited manner may legally ignore the amendment.
If too many owners take advantage of the absence of such restrictions, other owners may feel that the boats in the parking lot are detrimental to their property values or that the pets create a nuisance. If no other restriction exists (such as local zoning ordinances), owners will have the right to keep a small boat in the parking lot or have pets on the premises. Although declarations may be amended to establish new constraints, amendments cannot always be enforced against everyone.įor example, there may be no restrictions against boats in the parking lot or pets on the premises. When an association amends its existing declaration, the rights of existing owners must be considered.Ī declaration of condominium may not contain all the property restrictions that owners want, especially as a community changes over time.