Bill Gunshannon wrote:
>
> Doesn't matter. They can not usurp your Constitutionally guaranteed rights.
> Otherwise, you could pass CC&Rs that said "No Blacks Allowed".
Not the same thing at all. There is nothing in the Constitution that
says you cannot agree to let someone enter your home, which was exactly
what Andy agreed to when he signed the papers agreeing to abide by the
CC&Rs (Conditions, Covenants and Restrictions) which the HOA is governed
by. (Almost certainly, he _had_ to sign those papers in order to
buy/lease his home, but that doesn't count as coersion either <g>)
In most situations where a HOA is involved, the actual land does not
belong to Andy directly, but instead either to the group as a whole, or
a third party. This considerably dilutes his right to privacy,
especially since the "HOA Gestapo" are either fellow tenants, or their
agents. The Constitution also does not protect you from being
trespassed by yourself !
Still, it's d*** unpleasant to be in that position, which is why I have
always refused to have anything to do with condominiums. Andy, you have
my sympathy, but ... "you knew the job was dangerous when you took it".
Disclaimer : I am not a lawyer, and the above does not constitute legal
advice.
YMMV<g>
Randall
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