That's a large issue and a change in use. "I typically want to recommend grandfathering if we're changing a use," she says.
Grandfather clause law on property Pc#
Rosenbeck, a partner at the Mulcahy Law Firm PC in Phoenix, which represents associations. But there are instances where it's appropriate."Ī change of use is a good barometer of when to grandfather, says Kristen L. Usually, if a rule is a good idea, nobody should be grandfathered. "Also, grandfathering isn't something you do very broadly. "Never grandfather specific units or people," he says.
Robert Galvin, a partner at Davis, Malm & D'Agostine PC in Boston who specializes in representing condos and co-ops, has one absolute. Each factual situation you confront brings different issues to the grandfathering clause." It depends on how serious the problem you're addressing is and how difficult it's going to be for residents to change their behavior to comply.
"The answer depends on the specifics of what you're trying to accomplish. "I think it's a great question," says David Mercer, a partner at MercerTrigiani in Alexandria, Va., who represents more than 500 associations in Virginia and Washington, D.C. Here, we discuss the pros and cons of creating exceptions for rules, give four examples of when it's smart and not smart to grandfather residents in, and provide tips to ensure the grandfathered rules don't last forever and are enforceable. But the gall of some owners! They want to be exempt from your new rules, or "grandfathered in." Should you grant their request?
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