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
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