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Old October 24th 11, 07:56 PM posted to rec.radio.amateur.moderated
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Default HOA and CC&R agreements.

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

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