On Sat, 22 Sep 2007 09:13:30 -0700, jJim McLaughlin
If you like sleep inducing reading you can try to sort this all out
but the answer must be ambiguous or the lawyer wouldn't have taken the
Of course a lawyer can always find something ambiguous if you pay them
The Constitution limits what the Government CAN do. People are free
to do anything they please, as long as they don't violate the rights
of others. In your above example, you've violating the property
rights of the mall owners because you'd be doing something they don't
want done on their property. In the web site example, the owner isn't
violating any rights of anybody.
I suspect that as the Matlock generatrion fades into the sunset you
will see a lot of these HOAs let their deed restrictions lapse. You
just have to wake up the "silent majority" and get them to show up at
the annual meeting. Usually HOAs are dominated by a couple dozen
people since they are the ones who show up. In real life all you
really want to do is lose the stupid rules you inherited from the
developer and piss people off. That is not that hard a process. You
just need the votes.
I am finding plenty of areas lacking HOAs in "inner ring suburbs" of
Philadelphia. By this I mean most residences in municipalities bordering
Philadelphia, and most residences in municipalities that border ones that
border Philadelphia. I see HOAs in the Philadelphia area being more
common in municipalities 3-4 or so removed from Philadelphia, often in a
county that does not border Philadelphia or over 10 miles (often over
20 miles) from Philadelphia city limits or both!
I also see high lack of HOAs within Philadelphia's city limits, though I
am low on nice things to say about the municipal level of government
there, as well as on the PA "state" government! And I see NJ as being
- Don Klipstein ( email@example.com)
The HOA is ridiculous in its claim on trademark infringement. There have to
be thousands of "Hamptons" type names around. The original, IIRC, describes
a geographical area in New England.
Zaki's position on the gas lights is spot on. We do field investigations
for HOA reserve audit studies. Gas lights are about as inefficient a way
you can go to light an area that there is. Plus, they run 24/7 and that
costs a lot. And that doesn't include the replacement cost of parts, and
whole lights that are destroyed by various means.
And then, there's the safety issue re: gas. Anyone with a room temperature
IQ has to agree that it is dangerous.
All the HOA stuff historically started in Florida, where retirees went, and
the HOA situation evolved.
I hope Zaki countersues for infringement on his freedom of speech.
Trouble is, the lawyers are the ones who profit. People have won all sorts
of judgments against HOAs, but they are costly.
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