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.
--

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel

email: k2asp [at] arrl [dot] net

Phil,

And California is one of the lucky states where there is at least the
potential for relief from unreasonable CC&Rs. Not many do, as you
know.

It also seems somewhat atypical of California. Where I live, there
has been an increasing stream of people moving to escape, their word,
California nuttiness. Of course, they are promptly surprised to find
out that they are expected to get along with their neighbors without
endless rules, regulations, CC&Rs, etc. Quite a culture shock, but
after a couple of years they fit right in.


--
Alan
WA4SCA

Phil Kane wrote:
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.

When I bought my house in CA, I amended the antenna
restriction portion of the contract. When the
neighbors objected to my antennas, I dragged out the
contract and showed them the marked out section
initialed by me, the seller, and the planning
commission. It probably would not have stood up in
court but it never got that far. I was sorta like
that ham in Lubbock, TX. Did you see that video?
--
73, Cecil http://www.w5dxp.com

On Mon, 12 Mar 2007 11:18:20 CST, Cecil Moore wrote in :
Phil Kane wrote:
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.

When I bought my house in CA, I amended the antenna
restriction portion of the contract. When the
neighbors objected to my antennas, I dragged out the
contract and showed them the marked out section
initialed by me, the seller, and the planning
commission. It probably would not have stood up in
court but it never got that far. I was sorta like
that ham in Lubbock, TX. Did you see that video?

No, actually. I haven't, and I suspect a lot of the other denizens of
this fine group haven't and would like to. URL?

--
Death is just Mother Nature's way of telling you
to Slow Down.

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

--
--------------------------------------------------------
Personal e-mail is the n7bsn but at amsat.org
This posting address is a spam-trap and seldom read
RV and Camping FAQ can be found at
http://www.ralphandellen.us/rv

On Sat, 17 Mar 2007 10:59:58 CST, Ralph E Lindberg
wrote:

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

That was thrown out by the Supreme Court of the United States in the
landmark case _Shelley v Kraemer_ that everyone studies in
Constitutional Law classes. The SCOTUS declared that a state court
enforcing that restriction made it a state action and such
discrimination was against Federal law, making that contract term
unenforceable.

We tried using that same approach to have PRB-1 apply via the
back-door in _Hotz v Rich_. a mid-1990s CC&R case in California, but
the California Court of Appeal shot us down, claiming that problems
with amateur radio antennas did not reach the same level of public
policy that racial discrimination did.
--
Phil Kane
Beaverton, OR