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Old March 17th 07, 03:31 AM posted to rec.radio.amateur.moderated
Phil Kane Phil Kane is offline
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First recorded activity by RadioBanter: Jan 2007
Posts: 300
Default 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