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Old March 19th 07, 10:42 PM posted to rec.radio.amateur.moderated
[email protected] N2EY@AOL.COM is offline
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First recorded activity by RadioBanter: Jul 2006
Posts: 877
Default PRB-1 and CC&R's

On Mar 19, 2:00�pm, "KC4UAI" wrote:
On Mar 17, 9:43 am, wrote:

2) Look for brand-new developments, and offer to buy only
if the developer (who almost always is the one who adds
the restrictions) does not include the anti-antenna CC&Rs
on the house. *It probably will not have an effect right
away, but after a while the developers might get the
message that they are losing sales because of the restrictions.


It's an idea, but there are pitfalls here. *Having a developer wave or
change the CC&R's is an option, but only if he actually can. Assuming
that the developer actually owns the land (all of it) and can make
changes to the restrictions for you, how many will? *Remember there
are only about 600K of us nation wide, not a large percentage of the
market there. I'll bet that even if we all did this, any single
developer would only see this once in a blue moon and making changes
in the boiler plate CC&R's would not be done.


Still worth trying. If a developer starts losing sales because
of CC&Rs, they may be more flexible.

I don't know what the RE market is like in your area, but
here in EPA it is not as much a seller's market as it was
a few years ago. Sellers are making deals today that
they'd never have made in 2000.

I'd also be afraid that the developer would try to give you a "waver
letter" saying that the specific restriction in question didn't apply
to you, but that's about as useful as the paper it's printed on once
the development passes from developer control to HOA control. *They
wouldn't be bound by this "agreement" unless it's legally recorded on
your title (and very likely on everybody else's titles as well.)


That's why you need a competent real estate attorney, to
see that the restrictions are completely removed from the
deed in accordance with all applicable laws.

Some things are *not* DIY.

About the only real option here (Apart from joining the HOA Board and
bribing the rest of the voting members to get a temporary exception
just for me) is to save up my pennies and move to the sticks once I
retire in 20+ years. *In the mean time I'm stuck with what I can hide
in the attic of my single story home which is full of HVAC equipment,
electrical, alarm, and phone wiring and Christmas decorations.

I disagree! I think it's at least worth looking.

IMHO, one of the biggest problems with buying real estate
is that it's not something most people do often, nor when
they choose to do it. The trick to getting the best RE deals
is to simply watch the market in your target area, and be
ready to jump when the right house shows up.

But if you accept defeat before even trying.....

73 de Jim, N2EY