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Old March 17th 07, 04:59 PM posted to rec.radio.amateur.moderated
Ralph E Lindberg Ralph E Lindberg is offline
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First recorded activity by RadioBanter: Jul 2006
Posts: 13
Default PRB-1 and CCNR's

In article ,
Phil Kane wrote:

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.
--


As I understand Washington (state) law, the same is true here, plus if
the regulation hasn't been enforced in years, or has been "selectively"
enforced.

Except for the race restriction found in some old CCNRs

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