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Joshua Putnam wrote:
> In article <vrdIf.28635$Jd.12943@newssvr25.news.prodigy.net>,
> edicorp@sbcglobal.net says...
>
>
>>It is common practice that some people are driving throughout a
>>neighborhood which they find pleasing and are looking for an open house.
>>I guess same as in communist Russia that is no longer possible in HOA
>>own culdesacks.... Huh?
>
>
> I realize you have a special dispensation to ignore the law and
> disregard private property rights, but for everyone else, that would
> depend on the CC&Rs, which they had ample opportunity to read before
> agreeing to when buying into an HOA.
>
> Your socialistic rants against the obligation of contracts really
> do not wash in a free society. If you do not want to obey HOA rules,
> do not lie to all the co-owners of the property by pledging to obey
> the rules. Buy somewhere else.
>
The point is that you are the HOA extremist same like Osama. Same as
Osama should never get into his hand the Koran you should never get into
your hands CC&Rs.
First, the rules are not a contract they change!
Second, in California a rule must pass five (5) prong test to be
enforceable, see:
http://www.kandsonline.com/legal_archives/2006DavisSterling.htm#TOC1_18
So does your stupid rule passes the following 5 prong test??????
An operating rule is valid and enforceable only if all of the following
requirements are satisfied:
(a) The rule is in writing.
(b) The rule is within the authority of the board of directors of the
association conferred by law or by the declaration, articles of
incorporation or association, or bylaws of the association.
(c) The rule isn't inconsistent with governing law and the declaration,
articles of incorporation or association, and bylaws of the association.
(d) The rule is adopted, amended, or repealed in good faith and in
substantial compliance with the requirements of this article.
(e) The rule is reasonable.
-Sub
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Re: CC&R violation
