PRB-1 and CCNR's
			 
			 
			
		
		
		
			
			On Fri, 16 Mar 2007 13:39:15 CST, Cecil Moore  
wrote: 
 
Legally, it is not a contract unless you agree to it. 
What would happen if you simply crossed out the antenna 
restrictions clause before signing the contract? 
 
  Both the contract and state law says that you agree to all recorded 
CC&Rs on file.  Usually one of the CC&Rs is that you will comply with 
HOA regulations.  An individual buyer cannot modify such restrictions 
unilaterally.  There may - or may not - be a provision for modifying 
them spelled out in the CC&Rs or HOA Regulations themselves, but that 
usually requires a unanimous or super-majority vote of all those to 
whom the restriction applies (lots of luck).  The only other way is 
that some states permit a homeowner to sue for a declaration that the 
restriction is unreasonable and therefore unenforceable, but the 
burden of proving unreasonableness is very high and is on the 
homeowner seeking relief. 
-- 
 
73 de K2ASP - Phil Kane 
ARRL Volunteer Counsel 
 
email:  k2asp [at] arrl [dot] net 
 
		 
		
		
		
		
		
		
		
		
	
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