Re: Fence Material Dispute

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Hey Out of State

Free West law and lexis is offered at Non ABA schools too. You
not getting anything special for your high tuition.

Non Aba

On 8/06/07, out of state wrote:
> The covenant restrictions will vary from state to state and
> even city to city. I do not know what state you are in but
> here is an excerpt from a CA case pretty much on point. Let
> me know what state you are in and I'll run a Lexis search to
> find a case on point in your state. (one advantage of being
> in an ABA school is you get free unlimited access to West
Law
> and Lexis/Nexis)
>
> It sounds like your homeowner's association is acting
> arbitrarily in its decision to allow one owner to have a
> wrought iron fence and not another. Unless they can show
> specific differences in the situation of the neighbor with a
> wrought iron fence and your situation you will likely win---
> but it may cost you some attorney fees ;-)
> ***********
>
> Below is a cite to; [Ironwood Owners Ass'n Ix v. Solomon,
178
> Cal. App. 3d 766 (Cal. Ct. App. 1986)]
>
> "When a homeowners' association seeks to enforce the
> provisions of its covenants, conditions, and restrictions to
> compel an act by one of its member owners, it is incumbent
> upon it to show that it has followed its own standards and
> procedures prior to pursuing such a remedy, that those
> procedures were fair and reasonable and that its substantive
> decision was made in good faith, and is reasonable, not
> arbitrary or capricious. The criteria for testing the
> reasonableness of an exercise of such a power by an owners'
> association are (1) whether the reason for withholding
> approval is rationally related to the protection,
> preservation or proper operation of the property and the
> purposes of the association as set forth in its governing
> instruments and (2) whether the power was exercised in a
fair
> and nondiscriminatory manner."
>
>