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Phil Kane · July 23rd 08, 07:31 AM posted to rec.radio.amateur.moderated

On Tue, 22 Jul 2008 00:07:57 EDT, wrote:

But in some cases, the first buyer can say "NO!" to the developer, and
get restrictions removed *before* the sale. So while the rest of the
properties may be restricted, that one isn't.

HOA rules are another issue completely, but the same approach may
work.

According to California law - the one that I work with - the CC&Rs
are recorded before the first unit is built, and both state law and
common law holds that the restrictions run with the land. The "first
owner" legally is the developer.

I was lucky with the condo because the restriction was no antennas
without permission of the board, and I got that permission while the
developer was the "board" and the permission ran with my ownership and
occupancy of the unit.
--

73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon

e-mail: k2asp [at] arrl [dot] net