[Towertalk] ABC Home Owners Assoc Expose

[WYsixK]

So slavery is OK as long as you can get them to sign a contract? 
Wrong.

In addition, many CC&Rs still contain a "no non-caucasian can live
here" clause.  But it has been ruled unenforceable.

So there are limits to the rights that you can give away in a contract.
 In fact, I think our handy dandy lawyers have taken care of themselves
by getting a law passed that says you can not sign away your right to
sue.

Have an even nicer day.


--- Dave Pomeroy <dave@dpomeroy.com> wrote:
> 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
> >
> >
> >_______________________________________________
> >Towertalk mailing list
> >Towertalk@contesting.com
> >http://lists.contesting.com/mailman/listinfo/towertalk
> 
> Dave Pomeroy K8DNP South Western Michigan
> 
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