JaneK (California)
Posts: 175
Posts: 175
Posted:
This is a ‘grandfather clause” in our CC&Rs:
“The restrictions on leasing and renting contained in this Section 4.2 shall not apply to any Member who was an Owner of a Lot on January 11, 1998 (the date when the Second Amendment to the original Declaration setting forth rental restrictions was first recorded). Notwithstanding the foregoing, the restrictions on leasing and renting contained in this Section 4.2 shall apply to any Lot or Lots upon transfer of title to such Lot subsequent to January 11, 1996.”
We now have the maximum number of rentals allowed by the restriction. The rental of property by a ‘grandfathered’ owner would put us over our limit and probably classify our property as ‘investment’ rather than ‘residential.’ Property values are falling with the market and more rentals would probably make things worse. Yet according to the above statement we cannot stop a grandfathered owner from renting his/her property. The dates don’t make sense to me either. What if you bought in 1997?
I’ve heard in some cases these grandfather clauses are illegal. Can anyone explain the dates and give me more info on this type of ‘grandfather clause?’
Confused,
Jane
“The restrictions on leasing and renting contained in this Section 4.2 shall not apply to any Member who was an Owner of a Lot on January 11, 1998 (the date when the Second Amendment to the original Declaration setting forth rental restrictions was first recorded). Notwithstanding the foregoing, the restrictions on leasing and renting contained in this Section 4.2 shall apply to any Lot or Lots upon transfer of title to such Lot subsequent to January 11, 1996.”
We now have the maximum number of rentals allowed by the restriction. The rental of property by a ‘grandfathered’ owner would put us over our limit and probably classify our property as ‘investment’ rather than ‘residential.’ Property values are falling with the market and more rentals would probably make things worse. Yet according to the above statement we cannot stop a grandfathered owner from renting his/her property. The dates don’t make sense to me either. What if you bought in 1997?
I’ve heard in some cases these grandfather clauses are illegal. Can anyone explain the dates and give me more info on this type of ‘grandfather clause?’
Confused,
Jane