At 04:56 PM 4/20/02 -0700, Jim Lux wrote:
>In any of the scenarios, I have probably earned the undying enmity of my
>neighbors to stand on principle...
That's always true, but the real enmity will be from the officers of the
HOA who will end up in a bigger financial hole than anyone
>The only people who come out ahead in these situations are the attorneys for
>both sides. If they did a good (in the abstract) job, they would have
>helped to mediate a reasonable adjustment early on, and saved all the later
>costs. If the attorney advising the HOA did their job well, we would never
>have wound up litigating in the first place.
There, my friend you're wrong. If you win, you come out ahead. So does
your lawyer.
>By the way, a trap for the HOA unwary... just because the HOA no longer
>exists (say from bankruptcy) doesn't mean that the CC&Rs aren't valid any
>more. Any homeowner can then attempt to enforce them singlehandedly, and
>woe to you if the homeowner has inexpensive legal services available... Even
>if it's without merit, you've still got to deal with the legal cost and
>hassle...
That is legally correct
>I think the overall approach is to come up with reasonable accommodation...
>As much as I'd like it, a 120 foot tower is unreasonable on my 5000 square
>foot lot... An innocuous 30 foot vertical isn't (in my admittedly biased
>opinion), but to the hoa, ALL antennas are EVIL.. (so far... I am slowly
>agitating for substantial revisions to the CC&Rs, now that the last unit has
>sold in the tract....)
That is a practical solution. But I have one more. Try to avoid taking
the LSATs. You might pass and that would not be a good thing.
73 Stu
|