View Single Post
  #21   Report Post  
Old March 12th 07, 06:01 AM posted to rec.radio.amateur.moderated
Phil Kane Phil Kane is offline
external usenet poster
 
First recorded activity by RadioBanter: Jan 2007
Posts: 300
Default PRB-1 and CCNR's

On Sat, 10 Mar 2007 10:12:14 CST, Cecil Moore
wrote:

Did you previously agree to the restrictions?
If so, it is likely a legally enforceable contract
between you and the other party.


Cecil, look up the term "contract of adhesion" in a legal text on
contracts. It is a "take it or leave it" situation where there is no
real bargaining.

In California, where I practice state law, a deed restriction or HOA
regulation can be declared unenforceable if it is found to be
unreasonable but the burden of proof of unreasonableness is on the
homeowner seeking relief.
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net