booster wrote:
Being grandfathered usually will also be the term used to allow things to continue if they have been done as an exception. The best example would be a variance in construction. If you get a variance allowing you to be closer to a lot line than code and then the add a rule to the code that says no more variances for that close, you would be grandfathered in. The same thin should apply if you get an approval to park a B in the driveway, which was Rodger's example, from the HOA, as an exception, they shouldn't be able to recind that later. Of course a lot of HOA's are run by wannabe bosses and kings, so it can get a little out of hand.
Again, with your example, the CODE is changing AFTER you have been allowed to do something. That is a major part missing here. The rule is there - "no RVs in driveways" - it is not being changed. The OP not been allowed to park the roadtrek in his driveway and then had the rule changed around him so he is suddenly not in compliance.
Yes, the OP can ask for an exception to this rule. But, if later on, the board says "no more exceptions", he will be required to move it. There is no grandfathering in because the exception is not a permanent structure. It was not placed in the driveway with the expectation that it would never move from that location. It did not have a foundation built into the ground around it. And so on. The purpose of grandfathering in prior variances in construction is to prevent people from having to spend a fortune undoing construction that was legally built in the past because the rule was changed at some future point. It is NOT applicable to someone parking a roadtrek in the driveway for use as a second vehicle.
And to add: a variance for construction does not give the person the right to continuously build closer to the lot line than the code - it allows them to do so in ONE SPECIFIC INSTANCE at ONE SPECIFIC TIME.
