Re: CC&R violation

Re: CC&R violation

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Subject Author Date
CC&R violation L Mehl 02-06-2006
larrybud2002@yahoo.com wrote:
> Joshua Putnam wrote:
>
>>In article <1139351471.142600.127770@g47g2000cwa.googlegroups.com>,
>>larrybud2002@yahoo.com says...
>>
>>>L Mehl wrote:
>>>
>>>>Hello --
>>>>
>>>>We are 9-unit condo association.
>>>>The CC&Rs prohibit hanging signs on the outside of units.
>>>>An owner currently residing here decided to rent his unit and hung a "For
>>>>Rent" sign on his balcony.
>>
>>...
>>
>>
>>>>Do any readers of this group have suggestions for handling this situation?
>>>
>>>Yeah, realize you're in America and people have a right to do with
>>>their property as they see fit.
>>
>>
>>But what about the eight other people who also own that wall?
>
>
> We're not talking about a shared wall, we're talking about a guy
> hanging up a sign in property that he bought on his own balcony.
>
>
>
>>If you claim the right to ignore the rules, why should anyone else
>>follow them?
>
>
> They shouldn't. They should be able to do with their property as they
> see fit.
>
>
>
>>So what if the guy on the top floor is not supposed to
>>be letting his bathtub overflow through your ceiling, it's his tub
>>and his water, right?
>
>
> What a ridiculous analogy. You obviously aren't allow to destroy
> someone else's property, no more than they can destroy yours. Of
> course, you knew that, and we're talking about putting up a sign.
>
>
>
>>If you do not want to cooperate with co-owners, abide by their
>>property rights, and respect the rule of law, then you probably
>>shouldn't buy a condo.
>
>
> Their property rights end where mine begin and vice versa. Me hanging
> a sign on my property in no way violates someone elses property rights.
>

Besides in the california it is legal right to do so:
Se section §1353.6 Display of noncommercial signs, posters, flags or banners
(a) The governing documents, including the operating rules, may not
prohibit posting or displaying of noncommercial signs, posters, flags,
or banners on or in an owner's separate interest, except as required for
the protection of public health or safety or if the posting or display
would violate a local, state, or federal law.
(b) For purposes of this section, a noncommercial sign, poster, flag, or
banner may be made of paper, cardboard, cloth, plastic, or fabric, and
may be posted or displayed from the yard, window, door, balcony, or
outside wall of the separate interest, but may not be made of lights,
roofing, siding, paving materials, flora, or balloons, or any other
similar building, landscaping, or decorative component, or include the
painting of architectural surfaces.
(c) An association may prohibit noncommercial signs and posters that are
more than 9 square feet in size and noncommercial flags or banners that
are more than 15 square feet in size.

http://www.kandsonline.com/legal_archives/2006DavisSterling.htm#TOC1_10
-Sub


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