No Grandfather Rights if CC&Rs are Amended

Question: Our Mesa community has CC&Rs that prohibit commercial vehicles larger than ¾ ton. I have had a ¾ ton commercial van for more than five years with no HOA problems. The HOA has now amended the CC&Rs to prohibit ¾ ton commercial vehicles. Is my ¾ ton commercial van grandfathered?

Answer: Probably not. Under most CC&Rs there is a clause allowing amendments to the CC&Rs upon the written approval of a certain percentage of homeowners, e.g., 75% of the homeowners. Therefore, if your CC&Rs have been properly amended to prohibit ¾ ton commercial vehicles, you will probably have to remove your ¾ ton van from your Mesa community.

Note: Amendments to the CC&Rs are similar to amendments to the U.S. Constitution. For example, if the Second Amendment of the U.S. Constitution is amended to prohibit firearms, an individual who lawfully had owned a firearm for many years could no longer own that firearm.