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#1
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On Mon, 24 Oct 2011 00:33:16 EDT, John Davis
wrote: But unless the HOA or CC*R are made clear at time of purchase.. I mean when I bought my house they gave me a pile of papers.. I'm not a lwayer,, How do I ,now of there were any "restrictions" beyond city ordinances and state law? (Actually... I did read them rather closely, no restrictions) It's called "due diligence" - determine what you are looking for and see if it is (or is not) there or anywhere else. With all due respect, if someone cannot do it for themself, they need to have a professional such as your real estate agent or attorney do it for them just as they have a professional do a title search. -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel email: k2asp [at] arrl [dot] net |
#2
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On 10/13/2011 5:29 PM, Jeffrey Angus wrote:
I see this month's edition of QST has yet another series of articles on how to violate the terms of the contracts people sign when they move into a housing development. Jeff-1.0 wa6fwi Personally.. I'm very much against those "Covenants" as they are called.. I mean.. If I buy a plot of land.. Short of laws, it's MY property. My Castle as it were. and the neighbors should not be able to "outlaw" that which the city, county and state allow. -- Nothing adds Excitement like something that is none of your business. ----- No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.1831 / Virus Database: 2092/4569 - Release Date: 10/23/11 |
#3
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On Mon, 24 Oct 2011 00:32:39 EDT, John Davis
wrote: If I buy a plot of land.. Short of laws, it's MY property. Subject to any provisions or terms of the sale agreement. That's what deed restrictions (CC&Rs) are all about. I don't like deed restrictions that limit ham antennas, and I devote my professional skills to assisting buyers to understand that they are there and how they apply or don't apply to a ham antenna installation before they finalize the purchase, but short of state or Federal intervention, they are there. In California we tried to have the courts invalidate them just as racial restrictions are invalid, but the Court of Appeal said "no way". Ditto for stretching PRB-1 to cover them. We tried...we tried..... (the case was Hotz v Rich, 1992) -- 73 de K2ASP - Phil Kane ARRL Volunteer Counsel email: k2asp [at] arrl [dot] net |