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Old September 22nd 03, 08:19 PM
Richard Clark
 
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On 22 Sep 2003 18:58:59 GMT, "Dick Carroll;"
wrote:
I admit this is best left to lawyers, but generally CC&R's are passed
on from the developer only to the HOA, not to the individual owners.
Once the HOA dissolves, CC&R's are not binding and individuals have no
legal ground to pursue the matters based on them.


Seems that isn't a certainty. I've heard of long-defunct HOA's being
resurrected and resuming their "patrol". Then you *might* be able to
prevail on other grounds but that wouldn't keep you out of court with
all the legal expense involved.


Employing a legalism to an advantage may lay in claiming a "silent
easement." This is where you can seize property through "improvements
made" that go uncontested by others. But again, find a real estate
lawyer who may just mutter incomprehensibly at this plot.

73's
Richard Clark, KB7QHC
 
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