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Thanks Jim. This summer, we got a letter from our association asking that we remove a window air conditioner. Taking note of the contract, we did find that no window air conditioners were allowed. We complied and replaced the Window AC with a portable one that has a small hose mounted in the window for the exhaust. It does a good job, and no complaints from anyone.

We then decided to take a look around the neighborhood. We noted several "infractions" and sent a letter to the association.

Here's where it gets interesting.

One item mentions that no satellite dishes are allowed, another mentions no flag poles are allowed. OK - fine. We noted several homes that have satellite dishes and one home that had a flag pole (an -no-, I don't have a problem with a flag/flag pole in someones yard). After sending our letter noting these "infractions" we received a response from the association that the flag pole was allowed due to state law and that the satellite dishes were now allowed due to FCC law. A subsequent letter to the association asked that these rules be amended if in fact, they are no longer enforceable. The association responded with basically, it would cost too much to do so. Now - I'm no lawyer, but I seem to rememeber that if one portion of a contract was null and/or void or if one part of the contract was no longer enforceable - the whole contract was void. Interesting, eh?

I am not a lawyer, but I work with them a lot (land development -- streets, sewers, etc). Re: Your assumption about one part being null or void meaning the entire contract is null and void. That may or may not be true. Depends on how it was written. If it is an old one, you are probably right. Newer ones have a clause that says that if one part is declared null or void, the remainder remains in effect.

The problem with homeowners assn's is that petty dictators seem to gravitate towards the elected positions. There is NO problem getting elected. Usually, the only problem is finding enough people to fill all the positions. Anyway, the bad apples usually get elected just so they can cause other people grief.

I don't have a whole lot of sympathy for those who complain about bad assn's, though. If they wanted to run the board right, it would be EASY for them to get on the board. From what I have seen, one petty dictator usually gets replaced with another petty dictator and you have vendetta's going back and forth. It can get pretty ugly.