HOAleader.com - Tip of the Week - April 16, 2021
Published: Fri, 04/16/21
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What to Do with a Common Condo/HOA Term That Has an Ugly Origin
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In this week's tip, we open a challenging discussion but one that will take place at more and condos and HOAs across the country over time.
According to NPR, The phrase "grandfathered in" originated when states enacted restrictions aimed to prohibit African-Americans from voting. Other outlets have also covered the origin of the term.
In fact, the U.S. Supreme Court voided such restrictions in the 1915 case of Guinn v. United States, in which it held that the practice of requiring literacy tests for voting rights was unconstitutional. The court found that so-called "grandfather clauses" were written to appear racially neutral but that their purpose was to prevent Black voters from exercising their right to vote while preserving that same right for illiterate White voters.
In the condo/HOA world, the term is commonly used to explain new rules that include exceptions for certain owners, such as rental restrictions that permit owners who bought before bans were enacted to continue renting their unit.
Fox News reports that at least one state appellate court has announced it will no longer use the term. Should you consider doing the same?
This is an emerging issue that many people are still mulling and processing. But for Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations, the equation is straightforward. "I've not seen this issue arise in New Hampshire, but I have seen it across the nation," he explains, adding that perhaps that's because the practice of exempting current owners from new rules doesn't exist in New Hampshire.
"I think that any chance we can get to be better people is a good thing," he states. "We should always be striving to be better people. If there's a concern from owners that they hope their board won't use that term because of its connection to Jim Crow laws, I think the board's willingness to avoid the term would be a step in the right direction."
Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff, who has represented condos and HOAs for more than 15 years, can understand that board members might want to get a heads up on the term so they can avoid causing injury unintentionally. "If a board member said, 'I'd want to know about this type of issue in advance so I can avoid saying something that will hurt others,' I think that's a fair point," she says. "I think it's fair to bring awareness of this issue to people."
Read more of our experts' thoughts, along with possible alternative to the term, in our new article: https://www.hoaleader.com/members/4305.cfm
Best regards,
Matt Humphrey
President
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