Bill, this is the best idea I have read/heard of in 20+ years of CC&R
crap!!! Good show!!
Who was it that once said everything in life is negotiable? The problem for
most of us, if it's written down we tend to take it as gospel!
73....../k6sdw
>From: "Bill Hider (N3RR)" <n3rr@erols.com>
>TTs:
>
>In 1985, I negotiated exemption from the CC&Rs on a new, yet to be built,
>house in a local subdivision. I had a fully executed purchase agreement
>that included an exemption from the CC&Rs. Those CC&Rs prohibited ANY
>external antennas and/or towers. My exemption allowed an amateur radio
>tower not to exceed 100 feet tall. The purchase agreement also included a
>one-week window within which I could get out of the contract for any
>reason.
>(This allowed me to look at the zoning regulations for the property and see
>if amateur radio towers were prohibited or not.) I ultimately terminated
>the agreement for other reasons, not for CC&Rs or zoning, both of which I
>successfully passed.
>
>Here's what I did for the CC&Rs:
>
>The house was one of the first few (but not THE first) houses being built a
>new subdivision. In fact, the house was not under construction yet. The
>builder would begin construction when a contract was consummated. The CC&Rs
>were written such that the builder (and several of his management staff)
>constituted the homeowners' association. Per the CC&Rs, when the last
>house
>was sold, the then-homeowners then constituted the homeowners' association.
>The builder would be then no longer involved.
>
>Well, I negotiated with the builder's representatives and the builder's
>on-site real estate agent for an exemption from certain paragraphs in the
>CC&Rs that prohibited towers. The CC&Rs gave specific authority to the
>homeowners' association to make modifications to the CC&Rs and, as I
>mentioned, the builder and his managers constituted the association at that
>time.
>
>**This is the important part of this story: If you can negotiate with a
>smaller number of people who are not owners, and who care only that their
>property gets sold, you may have a chance to negotiate out of the CC&Rs.**
>
>So, my house purchase agreement contained a specific rider that specified
>the changes to the CC&Rs that my attorney and I wrote, was signed by all
>members of the then-homeowners' association, and was attached to the
>purchase contract as a rider.
>It was *beautiful*!
>
>Alas, I decided to exercise my termination rights because I decided to buy
>another property (my current QTH: www.erols.com/n3rr). I changed my mind
>because this new property was larger, on higher ground, had NO CC&Rs and NO
>zoning prohibitions. But, I had an interesting experience with CC&Rs along
>the way.
>
>73,
>
>Bill, N3RR
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