The Board of Directors did recognize the grand fathered status of some homeowners who made changes under the previously existing rules.
Minutes of a Regular meeting of The Board of Directors of Shavano Ridge Homeowner's Association. August 14, 2001
"New Business: A motion was passed stating that the ACC must give prior approval before any fences can be painted or stained. Fences that had already been painted or stained were grand fathered."
At the next meeting of the Board of Directors (Oct. 9, 2001), these minutes were approved, corrected, and accepted.
Prior to our meeting with the Board on June 10, 2003, we had ask the them to send us copies of the board meeting minutes dating from the time this conflict arose in Oct. 2000. In their copy of the August 14, 2001 minutes, the line "Fences that had already been painted or stained were grand fathered," had been omitted. The Board claimed that they were re-correcting the minutes.
In situations of this type, the Community Associations Institute has this to say:
"An unreasonable board is usually inconsistent. It cannot ignore a rule for six years and then suddenly decide to enforce it."
Note: For the convenience of those homeowners with dial-up modems, all text excerpts of the minutes and Out on the Ridge have been reproduced. Copies of the original documents will be made available to any homeowner who wishes to have them. [Request Copies]