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  1. #1
    Join Date
    Nov 2005

    Default Grandfathering Bylaws

    I live in the state of Georgia. We are changing the bylaws at our condominium to limit renting to 20% and require owners to request new leasing approval after the end of their rental contract, thus knocking them to the end of our newly implemented waiting list to rent. This will hopefully keep perpetual renters out of the 15-condo building, but still allow some renting to happen when needed.

    My question is about grandfathering current owners in. I don't think current owners who rent now should be grandfathered in under the old bylaws, and I don't think we have to under GA law, as long as we have majority vote (per our declaration) to change the bylaws. Yet, some of our owners are scared to pass this because they think the perpetual renter in our building will want to take legal action, because he thinks he should be grandfathered in. I don't think he has a case, since we are all subject to new by-laws, as long as they are passed correctly.

    What do you think? Is there a law on this, and if so, where I could find it?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Grandfathering Bylaws

    I think it is probably enough that the current tenants are grandfathered, as opposed to units which are currently being rented. But I would suggest that your board consult a local real estate lawyer so that you can be reasonably certain that this won't end up in court (or that, if it does, you'll win).

    If you want to research it yourself, you can try the (hard-to-use) online version of the Georgia Code, or search recent case law through LexisOne. You can also purchase a research package through LexisOne. You can also purchase a more complete research package through LexisOne or its competitor sites. You can also do research at a local county or law school law library.

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