Grandfather Clauses

Grandfathering or a grandfather clause as an exception to a restriction that permits everyone already doing something to continue doing it even if they would be stopped by the new restriction.

For example, the board adopts an operating rule that Pit Bulls are prohibited. The board could grandfather existing Pit Bulls. Therefore, the owner of a Pit Bull who resides in the community prior to the adoption of the restriction could keep the pet. However once the pet died, his or her next pet would have to comply with the new restriction.

CC&R amendments approved by the membership that create new restrictions can also grandfather existing conditions that would otherwise be a violation under the new restriction. However, there is no requirement that the association do so. Associations can choose not to grandfather existing conditions.

Coast Management of California