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PRB-1 and CCNR's
On Fri, 16 Mar 2007 13:39:15 CST, Cecil Moore
wrote: Legally, it is not a contract unless you agree to it. What would happen if you simply crossed out the antenna restrictions clause before signing the contract? Both the contract and state law says that you agree to all recorded CC&Rs on file. Usually one of the CC&Rs is that you will comply with HOA regulations. An individual buyer cannot modify such restrictions unilaterally. There may - or may not - be a provision for modifying them spelled out in the CC&Rs or HOA Regulations themselves, but that usually requires a unanimous or super-majority vote of all those to whom the restriction applies (lots of luck). The only other way is that some states permit a homeowner to sue for a declaration that the restriction is unreasonable and therefore unenforceable, but the burden of proving unreasonableness is very high and is on the homeowner seeking relief. -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel email: k2asp [at] arrl [dot] net |