On Thu, 23 Aug 2007 08:33:47 -0400, Reginald P. Smithers III penned
the following well considered thoughts to the readers of rec.boats:


Gene,
Of course there are, but if you are one of the people who live next to
someone who has destroyed the value of your home, you would wish there
were restrictive covenants.

For what it is worth, most homes do have some restrictive covenants
enforced by the local or county goverements (ie zoning, sanitary etc.)

Ok.... again..... here is my point. Local or county governments are
free to pass *LAWS* (no taxation without representation and all of
that stuff), but they don't do restrictive covenants.

Restrictive covenants are legal obligations imposed in a deed by the
seller upon the buyer of real estate to do or not do something. (And
likely supplement and supercede any laws that don't violate police
powers..... such as SWS's example of the FCC.) Violate a restrictive
covenant and you have not violated a law..... you have (unnecessarily,
IMHO) exposed yourself to civil litigation and forfeiture of your
home, possessions, and property (protected by an all too eager group
of people that want to shape your behavior in some manner that they
find acceptable). Anybody note any contradiction there?

If someone has destroyed the value of your home, they have most likely
violated existing safety and/or zoning LAWS and the nice guys in blue
suits are likely to take care of the problem for you (with your
already collected tax money).... you don't need to pay a virtually
uncontrollable band of vigilantes to guard your interests (picture
Barney Fife screaming, "Citizens arrest!, Citizens arrest!").

However, if YOU decide that a HOA is the way to protect your
investment and THEY decide, as part of the deal, to shape you, the
conduct of your affairs, and/or how to pursue your hobbies...... well,
that is between YOU, THEM, and everyone's respective attorneys.

Have at it, just include me out.....

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
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