[Towertalk] ABC Home Owners Assoc Expose

[Dave Pomeroy]

I read in one Supreme Court case where the court said "there can be no 
rights issues when contracts are involved".  Thats probably not an exact 
quote but close.  So it seems to me that the CC&R's are contracts and you 
sign them voluntaryily then your hosed and its your own fault.  Have a; 
great day.

At 11:25 AM 4/20/02 -0400, Joe Subich, K4IK wrote:


> > -----Original Message-----
> > From: Paul Christensen
> > Sent: Saturday, April 20, 2002 10:34 AM
> > To: Brian Hemmis; towertalk@contesting.com
> > Subject: Re: [Towertalk] ABC Home Owners Assoc Expose
> >
> > Reform is a legislative issue, not a judicial issue regardless of
> > the number of attorneys who sit in Congressional seats.  This is
> > the reason why the FCC correctly deferred the ARRL's recent
> > preemption petition to Congress...precisely where it belongs.
>
>
>Paul,
>
>You're only partially correct (if I may argue with a lawyer on a legal
>issue).  If the laws concerning Homeowner Associations (or private
>contracts) permit actions which are unconstitutional ... limit
>free speech (First Amendment) , due process (Fifth Amendment) rights
>or are subject to federal preemption, e.g. interstate commerce (Article
>1, Section 8), then the reform becomes a judicial issue and the law(s)
>in question must be struck down.
>
>While I support reasonable homeowner association rules, I believe anti-
>antenna CC&Rs should be struck down as violative of (1) free speech
>rights, (2) due process rights, and (3) improperly intruding into an
>area of federal primacy (interstate/international commerce).
>
>There is a reason to call the judiciary (and thus the lawyers) to task
>for allowing the homeowner association mess to continue unchecked.
>
>73,
>
>    ... Joe, K4IK
>
>
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Dave Pomeroy K8DNP South Western Michigan