[Towertalk] deed restrictions

[WYsixK]

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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