Re: CC&R's

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From: WA3JAT@aol.com
Date: Wed Dec 27 2000 - 18:36:25 CST


Jim: The answer to your question would vary from state to state since real
estate law is not the same in each state. Here in Ohio, we have a Marketable
Title Act which would eventually void the restrictions. It's application is
technical but would require a minimum of 40 years to pass (and under its
technical application, sometimes more) before the restrictions would expire
under the Ohio statute. Deed or allotment restrictions are a contract with
every owner in the allotment as well as the developer. Some covenants provide
for a committee or association to enforce the covenants and restrictions but,
in general, they can be enforced by any owner in the allotment who wants to
hire a lawyer and file a law suit. Some covenants have specific dates upon
which they expire. In some cases, restrictions can be voided by a Court under
the docrine of laches if the allotment owners or association are lax in
enforcement of violations or allow a violation to continue for an extended
time. For hams who install an invisible or stealth antenna, this laches
defense will normally not apply since they
 concealed or hid the violation of the covenants. Legal remedies could
include an injunctive court order to discontinue the violation or monetary
damages, or both, depending on the drafting of the restrictions and your
state law. In some cases, the covenants are drafted so that you are also
liable for the allotment association's legal fees as well as your own legal
expenses. This is a bit long winded but is still the "Reader's Digest"
version of an answer on such legal issues. Hope it is helpful to you and
others.

73,
Jim WA3JAT


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