Thanks, Paul.
I did something like that once too. However, I bought the FIRST house
in a small subdivision of 12 homes. I knew the developer was keen to
get the first one sold (to get the pump primed, so to speak) so I
negotiated my antenna rights before I bought - I agreed to number of
towers, height, etc. When he actually saw it going up he went
ballistic - he must have thought it was going to be much smaller than
it really was. But it was a done deal by then. Never had any trouble
with any of the neighbors on that one.
Michael
--- Paul Christensen <w9ac@arrl.net> wrote:
> Of course, the best solution is to remove the applicable language
> altogether. Unfortunately, most, if not all developers will not
> negotiate the terms of the CC&R provisions. I do know of two cases
> where the homeowner negotiated the CC&R terms with the developer
> when only a few homes remained in the development. Upon the sale of
> the last home, all remaining rights, title and interest is
> generally tranferred to the homeowners' association. The developer
> is out the door with his big bag of money, never to be seen
> again and no longer caring about what happens to the CC&Rs.
>
> -Paul, W9AC
>
> ----- Original Message -----
> From: "WYsixK" <wy6k@yahoo.com>
> To: "Paul Christensen" <w9ac@arrl.net>; <towertalk@contesting.com>
> Sent: Friday, March 15, 2002 5:05 PM
> Subject: Re: [Towertalk] deed restrictions
>
>
> > Paul,
> >
> > Good comments. Is there anything that one could write on the
> CC&R's
> > that might negate certain portions of the CC&R's. For instance, if
> I
> > write just above my signature something to the effect that I do not
> > agree to items x, y, and z and the escrow agent allows this to be
> > recorded - does that do any good?
> >
> > Michael
> >
> >
> > --- Paul Christensen <w9ac@arrl.net> wrote:
> > > > The method of enforcement of CC&R's is a lawsuit (at least in
> > > > California). They have to sue you.
> > >
> > > Generally, the Homeowner's Association is entitled to immediate
> > > injunctive relief, pending the outcome of the case if a complaint
> is
> > > filed in a court of competent jurisdiction. Know what you agreed
> to
> > > in the CC&Rs in the event they call your bluff.
> > >
> > > > continuing violations of the CC&Rs. The basic legal concept is
> > > that
> > > > you can lose a right if you fail to claim that right for some
> > > period of
> > > > time or you selectively claim that right.
> > >
> > > Most CC&R language is drafted in a manner where the homeowner
> waives
> > > his right to a laches defense (e.g., the Association knew of
> > > your CC&R violation and that of others but acquiesced and failed
> to
> > > act in a timely manner).
> > >
> > > > I told them I would be happy
> > > > to let it all go to court and see what a judge thought. No one
> > > sued
> > > > and I kept the system up until I moved several years later.
> > >
> > > Count your blessings. It's not a matter of what the judge thinks
> > > (too much Judge Judy on TV). Believe it or not, the judge must
> > > rule within the framework of his jurisdiction's applicable
> contract
> > > law.
> > >
> > > > This is practical advice, not legal advice. If you put it up
> > > rather
> > > > than ask for permission, they have to go to the expense of
> suing
> > > you to
> > > > get it down.
> > >
> > > Or, they can place a mechanic's or construction lien against your
> > > property for violating the CC&Rs, and at little inconvenience to
> > > the Association. Again, Be prepared for the Association to call
> your
> > > bluff.
> > >
> > > It's critically important to go back and read what you have
> agreed to
> > > before placing yourself at risk, particularly with what you
> > > have agreed upon in the event of breach.
> > >
> > > -Paul, W9AC
> > >
> >
> >
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