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#1
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More CC&R stuff
On Feb 17, 6:53 am, Dick Grady AC7EL wrote:
On Tue, 16 Feb 2010 17:11:21 EST, KC4UAI wrote: Personally, I'd not recommend willingly violating *any* contract terms without legal advice about the risks you are taking. [snip] If a ham wants to take the legal risk and put up stealth antennas to get on the air, I’m not going to complain. I may even come over and help you with the setup… I just don’t recommend taking legal risks… If you help him put up an antenna which is contrary to his CCRs, wouldn't that make you an accomplice? And maybe equally liable to be sued? You'd best check this out with your lawyer beforehand. I'm pretty sure that helping somebody assemble an antenna doesn't present much of a legal risk for me. There is no criminal issue so I don't think I would have to worry about my DA charging me with being an "accomplice" to a crime because the contract violation is a civil matter and not a crime. If you wanted me to help you assemble a small tower in your backyard, contrary to your CC&R's, the HOA is going to deal with you, the property owner not me. The HOA has no reason to fine me or legal standing to place leans on my property for a CC&R violation on your property. I suppose you could try and sue me, but I seriously doubt any jury in the world would hold me responsible for just helping you assemble something. I you could try and sue me for that. Of course, my point really is that you should fully understand the risks you are taking when you start violating contracts you have signed. Sometimes the possible consequences make it not worth taking the risk. -= bob =- |
#2
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More CC&R stuff
Actually where iam from Maine you would be held accountable as well as
you gave him help or advice in doing something you know is against the home owners rules. for where he lives. they could take him and you to court or he could just take it down and they do nothing -- AL'S COMPUTERS "KC4UAI" wrote in message ... On Feb 17, 6:53 am, Dick Grady AC7EL wrote: On Tue, 16 Feb 2010 17:11:21 EST, KC4UAI wrote: Personally, I'd not recommend willingly violating *any* contract terms without legal advice about the risks you are taking. [snip] If a ham wants to take the legal risk and put up stealth antennas to get on the air, I’m not going to complain. I may even come over and help you with the setup… I just don’t recommend taking legal risks… If you help him put up an antenna which is contrary to his CCRs, wouldn't that make you an accomplice? And maybe equally liable to be sued? You'd best check this out with your lawyer beforehand. I'm pretty sure that helping somebody assemble an antenna doesn't present much of a legal risk for me. There is no criminal issue so I don't think I would have to worry about my DA charging me with being an "accomplice" to a crime because the contract violation is a civil matter and not a crime. If you wanted me to help you assemble a small tower in your backyard, contrary to your CC&R's, the HOA is going to deal with you, the property owner not me. The HOA has no reason to fine me or legal standing to place leans on my property for a CC&R violation on your property. I suppose you could try and sue me, but I seriously doubt any jury in the world would hold me responsible for just helping you assemble something. I you could try and sue me for that. Of course, my point really is that you should fully understand the risks you are taking when you start violating contracts you have signed. Sometimes the possible consequences make it not worth taking the risk. -=ob = |
#3
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More CC&R stuff
Andy wrote:
Actually where iam from Maine you would be held accountable as well as you gave him help or advice in doing something you know is against the home owners rules. for where he lives. they could take him and you to court or he could just take it down and they do nothing I'm offering no legal advice, but I strongly suggest you see a competent lawyer admitted to the bar in Maine about this. It's hard to see just how a 3rd party not contractually bound to the terms of a CC&R can be reached legally. There's no cause of action available with the possible exception of an attorney who completely mis-understood and gave really poor advice about Maine law, advice so poor that it constitutes malpractice. The property owner of property subject to a Covenant, Condition or Restriction can be reached legally under contract law, but not others. CC&Rs are treated as contractual obligations even if truthfully, most people don't realize they're entering into such a contract. I'll be honest, I don't see how a 3rd party can be sued under existing US law over a contractual obligation of another. If Maine has such a legal system, I'ld be really shocked. |
#4
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More CC&R stuff
On Feb 20, 9:15�am, Art Clemons wrote:
I don't see how a 3rd party can be sued under existing US law over a contractual obligation of another. I'm not a lawyer either. But it *might* be possible to go after the thrid party legally if and only if it could be shown that the third party knew of the existence of the contractual obligation from the beginning, and willfully conspired with the property owner to violate it. But that's a very hard thing to prove in many cases. For example, suppose A hires the B Fence Company to put up a fence on A's property, in an area where fences don't require building permits or inspections. A tells B where to build the fence. But it turns out that A misunderstood where the property line is, and the fence is built on C's property. (C was away from home and doesn't see the fence until the job is done). I don't think C can sue B over the fence; instead, C has to go after A. C can also remove and sell the fence - it is now C's fence because it was built on his property. A still has to pay the B Fence Company because the contract is between the two of them, and as long as B built the fence where instructed by A, that part of the contract wasfulfilled. Not an exact analogy but you get the idea. While I'm not a lawyer, things like this prove the need for thorough research before signing anything. Being told at closing that there are CC&Rs is way too late, IMHO 73 de Jim, N2EY |
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