Existing smokers would then have to use designated areas outside the building to smoke their cigarettes/cigars/marijuana. Terifaj.) For example, members could, due to nuisance smoke, health issues, and fire danger, amend the CC&Rs to prohibit smoking in units. CC&R amendments approved by the membership that create new restrictions can allow existing conditions to continue but are not required to do so. If the board plans to enforce a rule that had previously been neglected, it needs to give written notice to the membership of its intentions.ĬC&R Amendments.

If a rule has not been enforced by prior boards, a new board may have no choice but to grandfather existing violations and begin enforcing new violations only. However once the pet died, the next pet would have to comply with the new restriction.Įxisting Rules. Therefore, the owner of a 75 pound dog who resides in the development prior to the adoption of the restriction could keep the pet. If, for example, the board adopted a rule that pets over 50 pounds were prohibited, the board could make an exception for existing oversized pets. Black’s Law Dictionary defines “grandfathering” or a 'grandfather clause' as “an exception to a restriction that allows all those already doing something to continue doing it even if they would be stopped by the new restriction.”

Grandfather clause history definition