I'm sure that's true, but without an HOA to encorce the CC&Rs, the
objectors need deep pockets to bring suit.
Further, in the absence of an HOA, there are probably numerous other
long-standing infringements of the CC&Rs that would make it difficult
for anybody to demand enforcement of specific provisions. E.g., our
CC&Rs are very simple (2 pages only; a 30yr-old subdivision), but limit
the "structures" beside the dwelling to sheds of a specified maximum
size. But *if* a tower is a "structure" (the ARRL VC I consulted said
that in the context of these CC&Rs "structures" refers only to
buildings), so are all the basketball hoops, flag poles and swing sets
scattered throughout the subdivision -- even apart from the tower
farther up the street.
Alan NV8A
On 03/31/05 11:03 pm TOMMY HALIBURTON tossed the following ingredients
into the ever-growing pot of cybersoup:
> Do remember that if you buy a home in an area that has CC&Rs and they either
> no longer have an HOA and/or have never enforced them, they (CC&Rs) are not
> "null and void." Lots of people have ended up in court for years believing
> otherwise and lost. Also remember that HOAs can create (for the good of the
> whole, sic) future CC&Rs that can cause one real grief. They also have nearly
> unlimited wealth for court battles. The old adage (modified by me) "Look long
> and hard before you leap" is apropos.
>
> While I would never choose to live in a neighborhood with CC&Rs, there are
> plenty of people who do. It is a matter of choice.
_______________________________________________
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Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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