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Old February 20th 10, 02:15 PM posted to rec.radio.amateur.moderated
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First recorded activity by RadioBanter: Feb 2007
Posts: 22
Default 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.

 
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