![]() ![]() And some courts say grandfathering also applies to pet restrictions." They're grandfathered in, and if there are any limitations put on renting, they can apply only to future buyers or owners who buy into the amendment. "That said, a couple of areas have been considered grandfathered in Florida," says Krut, which means changes must be going forward, not retroactive. And those amendments have been upheld by Florida courts. "That's a contract you enter into when you buy, and the contract can be changed by a vote of the owners, often by a majority or supermajority. Lauderdale and Coral Gables, Fla., that represents about 250 associations. ![]() "But if you did, I don't think you could enforce a bylaw or rule."īut what about that long-standing association concept that owners should know that the rules might change? "In Florida, condo documents and HOA covenants are contracts, and they have amendment provisions and are freely amendable," explains Joshua Krut, a partner at Weiss Serota Helfman Cole Bierman & Popok, a law firm with offices in Ft. "I've never seen a condo statute that specifically stated that you couldn't act retroactively," muses Robert Galvin, a partner at Davis, Malm & D'Agostine PC in Boston who specializes in representing condos and co-ops. This is a new issue for many of our experts. In this week's tip, we discuss whether you can implement change at your HOA retroactively. ![]()
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