jimjarvis at comcast.net
Sun Mar 28 12:42:14 EST 2004
As I said...CC&R's are private contracts. They were often written
by original developers, who may not have been lawyers. You MUST
read the fine print. The exchange below typifies this.
(My CC&Rs don't appear to have any included provisions to add rules whenever
> the HOA board thinks they want to.)
> 73, de Jim KG0KP
> > By the way, not to rain on your parade, but there's nothing keeping an
> > board from making a rule prohibiting antennas at any time, even if the
> > CC&Rs don't say anything about it, because, generally, the CC&Rs contain
> > provisions allowing the board to do just that.
My point, in yesterday's post, was 'get professional help,
prepare for battle, be a good neighbor with all that entails,
and anticipate that you'll have to present your case to the HOA
if they behave outside the rules.' It is important not let a
homeowners association behave as if they DO have power which
they do not, just as it's important for an HOA to enforce rules
it promulgates. Failure to do so, or spotty inforcement, subjects
them to challenge.
If your covenants clearly provide for the HOA to promulgate rules
as they choose...you're hosed. Better be a REALLY good neighbor,
jimjarvis at ieee.org
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