YES....JUST SAY NO (AND HELL NO) TO CC&R'S!!! We did....good luck and
73.......I hope you prevail!
/k6sdw
>From: WYsixK <wy6k@yahoo.com>
>To: Paul Christensen <w9ac@arrl.net>, towertalk@contesting.com
>Subject: Re: [Towertalk] deed restrictions
To: <towertalk@contesting.com>
>Date: Fri, 15 Mar 2002 14:05:07 -0800 (PST)
>
>Paul,
>
>Good comments. Is there anything that one could write on the CC&R's
>that might negate certain portions of the CC&R's. For instance, if I
>write just above my signature something to the effect that I do not
>agree to items x, y, and z and the escrow agent allows this to be
>recorded - does that do any good?
>
>Michael
>
>
>--- Paul Christensen <w9ac@arrl.net> wrote:
> > > The method of enforcement of CC&R's is a lawsuit (at least in
> > > California). They have to sue you.
> >
> > Generally, the Homeowner's Association is entitled to immediate
> > injunctive relief, pending the outcome of the case if a complaint is
> > filed in a court of competent jurisdiction. Know what you agreed to
> > in the CC&Rs in the event they call your bluff.
> >
> > > continuing violations of the CC&Rs. The basic legal concept is
> > that
> > > you can lose a right if you fail to claim that right for some
> > period of
> > > time or you selectively claim that right.
> >
> > Most CC&R language is drafted in a manner where the homeowner waives
> > his right to a laches defense (e.g., the Association knew of
> > your CC&R violation and that of others but acquiesced and failed to
> > act in a timely manner).
> >
> > > I told them I would be happy
> > > to let it all go to court and see what a judge thought. No one
> > sued
> > > and I kept the system up until I moved several years later.
> >
> > Count your blessings. It's not a matter of what the judge thinks
> > (too much Judge Judy on TV). Believe it or not, the judge must
> > rule within the framework of his jurisdiction's applicable contract
> > law.
> >
> > > This is practical advice, not legal advice. If you put it up
> > rather
> > > than ask for permission, they have to go to the expense of suing
> > you to
> > > get it down.
> >
> > Or, they can place a mechanic's or construction lien against your
> > property for violating the CC&Rs, and at little inconvenience to
> > the Association. Again, Be prepared for the Association to call your
> > bluff.
> >
> > It's critically important to go back and read what you have agreed to
> > before placing yourself at risk, particularly with what you
> > have agreed upon in the event of breach.
> >
> > -Paul, W9AC
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