Posted on 10/28/2014 11:11:18 AM PDT by Kaslin
Americans have the right to freely use their own real land properties without hindrances from neighbors. Putting a loud color or door-less refrigerator on one’s own land is not a violation of a neighbor’s right.
There’s no right to “property values” as dependent on the appearances of neighbors’ properties. That game of appearances is a game without limits. Running raw sewage onto the neighbor’s property, for example, would be a violation of the neighbor’s right (affecting the neighbor’s use of his property and affecting the neighbor, himself).
Another problem for property rights as of late: livestock. Ranchers own their livestock as property. Animals have no constitutional rights. People do. Neighbors have no rights to a rancher’s cattle.
When “the people” institute communism or fascism against subgroups in any way, the people are wrong. The individual or smaller group in such cases should prevail (Marbury V. Madison? ...can’t recall for sure).
From Cal lawHowever,
if the language used in the deed shows that the conditions or restrictions were intended for the benefit of adjoining owners, or other lots or owners of separate interests in the tract/subdivision (such as a common interest development), quitclaim deeds may be required from each owner of separate interests having the benefit thereof, as well as from the grantor or the grantor’s heirs, successors in interest or assigns, to release the conditions or restrictions.
When the subdivision is a common interest development, the vote of the owners of separate interests is generally required. The requirements and conditions imposed by the political subdivision of jurisdiction (local government) to establish the common interest development may prevent the release of the covenants or restrictions without the concurrence of the governmental entity.
http://www.dre.ca.gov/files/pdf/refbook/ref05.pdf
link to source of previous post of Cal law. Starts on age 74.
Our nation was intended to be a nation of moral laws—not a nation of immoral lawyers.
just so people know.
I am a real estate broker. I have been to school on many issues and was proud to pass the license test with a 96.
Many questions on Title.
I have been to several courses on title taught by attorneys and the major title companies.
Not just some guy taking a stab on the internet. If I don’t know something, I don’t fake it
Furthermore, have had legal training of the role and responsibilities of HOAs.
and..................
Your generalization has nothing to do with the title and CC&Rs of a common development and what the owners responsibility is to each other.
One more, so it’s immoral to respect and follow the intent of the community/development without a vote by all the owners.
Please apply your opinion to some issue we are addressing.
Thank you sincerely for the citation. But you know by now that I’m not arguing in harmony with recent laws, state constitutions and/or decisions in favor of contracts attached to real properties against future property owners. I’m arguing against them. I disagree with established authority on the issue and would like to see it changed. If nothing else changes it, the economic trend will. There are consequences for bad policies.
you can’t have a planned community or common community without the original CC&Rs to kick it off and vote by all owners to change anything. To allow individuals to do their own variances defeats the purpose of the common community and violates the covenants and title conditions.
The other owners bought in under those agreements and legal requirements and they have a right to have them followed unless there is a vote to the contrary.
They have to vote, they’re all in it together. That is what the law is protecting.
Best approach with your beliefs, don’t buy in those communities. You will be given a copy of the rules and a title report before your purchase closes. Chance to get your deposit back and back out of the deal if you don’t like it.
I’m assuming that you’re in a place, where real estate continues to profit. I’ve been seeing nearby foreclosures with increasing peace and quiet for several years. The same for-sale signs have been there since they were first placed.
The large development around my property is nearly depopulated. Before long, with austerity measures being a consequence of big government spending, most such properties will be unoccupied for a time. Then, the next generation will move in with much more freedom.
By “most such properties,” by the way, I was referring to most such properties everywhere. Can’t enforce, where there are no revenues to do so.
has nothing to do with HOAs and what rights the individual has or the collective group of owners.
Entirely separate issue.
Not interested in discussion of the overall real estate market. I’m in an area people want to be in and we generally have high level of client interest.
I’m out.
HOA is usually locked into the deed.
deeds can be changed
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