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    Re: Fence Material Dispute

    Posted by Free West law everywhere on 9/18/07

    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
    > 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,
    > 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
    > and nondiscriminatory manner."

    Posts on this thread, including this one
  • Fence Material Dispute, 8/04/07, by Michael Pinson.
  • Re: Fence Material Dispute, 8/06/07, by out of state.
  • Re: Fence Material Dispute, 9/18/07, by Free West law everywhere.

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