Recall Petition for the ARRL Southeastern Division Director is under way.

The realtor gave you the Textbook Case they learn in real estate school to become a Real Estate Agent and/or Broker which is sunny side up case


This where the multi disciplines of Law are blurred and obfuscated with confusing terminology which does not even adequately translate between different jurisdictions. Each State has its own peculiarities as to State Law and its historical development which I am overly well acquainted, you see I practice as a Civil Law Notary in Louisiana as well holding a Real Estate License. The difference between Civil Law derived from the French Roman Civil Code and Common Law as found in the Other States. Some of the Western States have remnants of Spanish and Mexican Civil Law but did not keep the Spanish Civil Roman code, the Commonwealth of Puerto Rico is the only other jurisdiction which holds the Roman Civil Law (Civil Code) as its main source of Civil Law. Now with this being said, each Jurisdiction (State or Territory) has a slightly different variation on interpretation of laws.

With Article X, Federalized items such as Air Plane Regulation, Space Flight Airports, FAA, Telephone, Radio, Internet as well as a myriad of Technological advances in other fields, the corpus of law developed since 1789 when the Constitution (Bill of Rights) was added to delineate what is Federal and what is State has grown exponentially.

The reason for Radio to be a Federal Item is due to the Interstate Commerce Clause, the First regulator of radio was the Navy and they ruled with an iron fist, secondly came the Federal Radio Commission which operated under the Commerce Dept and still exists as the NTIA (National Telecommunications Infrastructure Association) and still oversees Federal Radio Allocations! The FCC was created in 1934 to be an independent board to minimize political control of the RF Spectrum. Texas in the 1930s wanted a piece of the Action but since Radio was ruled to be a "Federally Regulated Activity" It was deemed to be federal.

Now where does this intersect with Real Estate Law and Practice, well, lets study what a CCR actually is, the Restrictions are drawn up, executed by the owner (s) and Recorded in the County/Parish Archives as burden on title, no one is required to sign the CCRs except the original owner/developer of the parcel of land, the restrictions are said to "Run with the land." They are "adhesion type contracts" with no points of negotiation due to their broad application to a subdivision (Usually) and so are more like easements (Common Law) or servitudes (Louisiana Civil Law), so they are not true "contracts" so usual contract law with the essential requirements for a contract which are 1. Lawful Object 2. Meeting of the Minds 3. Consideration 4. Parties able to contract which are some parts are missing in CCRs and removes from being a "contract."

The advent of the HOA (CA) and Subdivision residential Development has brought CCRs into the public eye more frequently, so their abrogation in some subject areas is settled law and the reason Antennas and Towers used for RF should come under FCC Jurisdiction is to invite the State/Local Jurisdiction to overstep in Federal Areas can invite local politics into exclusive Federal Areas and thus have some local yokel try usurp the Federal area which should stay separate under Article X US CONST.

The history of the CCR was a little more sinister than just that explanation, CAs were originally formed to keep certain groups out, certain religions or nationalities! In most areas, HOAS are not the great selling point you were led to believe, they can depress a Home Price if it has problems. Some HOAs are to be avoided like the plague, we one in our area that has plenty of infighting and the houses sell for 25000 to 50000 less than other subdivisions. Google Problem HOAs!!

73 de Martin N5PZJ
Louisiana Real Estate Professional
Civil Law Notary


73 de Martin N5PZJ

 

Total B.S.


CC&Rs were an accepted part of land title transfers before the discovery of America by the Vikings. In fact, they've been around since Caesar was a pup, and they've solved many arguments between heirs and business partners.

See e.g., Servitudes

The Oxford Handbook of Roman Law and Society
edited by Clifford Ando, Paul J du Plessis, Kaius Tuori

"...Ownership was often in doubt because of the potential claims of the heirs after the death of the pater familias. ... Such divisions are found with bailments, leases, mortgages, covenants, easements, and life estates."

http://tinyurl.com/jbmn6x6

 

Actually, The Codex Justinian was the first complete compilation of the Roman Civil Code which forms the basis of Western Europe's legal system outside of the UK. Louisiana has the Civil Code as its basis since Colonial Times and has a legal system modeled after France. CCRs are called "building restrictions" and yes the concept has been around since Ancient Greece which developed the Servitude, Anticrieses (Pledge of land) and dation en Paiement. CCRs are not heirship devices, the drafted testament was otherwise oldest son received all and a provision was made to distribute the estate. Under the Napoleonic code of France, a peculiar legal tradition developed called, "Force Heirship" which mandated a forced distribution of property by a certain percentage to each child. The notary had to be able to calculate the difference between forced property and the disposable portion. This is still a unique feature found in Louisiana law and applicable in certain conditions.

I was speaking on The modern history of the CCR's. In Louisiana, The two chief legal officer's you will find are the attorney, and the notary which retains all of his power granted by ancient law to draft, execute and carry out any and all instruments of writing without limitation.

 

Can we gar back on this threads topic (please)?
Recall Petition for the ARRL Southeastern Division Director is under way.

 

I did not get an email alert on this BoD meeting agenda either, but did not have the email preference box checked on the web site for my ARRL Member Profile. I do now though, in expectation of receiving the meeting minutes later.

Sherri, did you ( N1FM too) verify that your ARRL Profile was not HACKED? Tampered with and changed in regard to such emails? If it is still checked then probably no one received the notice this time.

Still a bit suspicious - are wheels turning in HQ to help the cover up and tamp down dissident member backlash on this recall petition and other matters (?)

 

My email preference box IS checked (I just now confirmed it) for receiving agendas and minutes, and I have received them in the past. But this time I did NOT get the agenda.

 

OK thanks, some paranoia subsides, they can simply claim forgetfulness in broadcasting the bulletin or their antiquated IT email alert system had a burp ...

 

The only information I have seen was the ARRL letter right before the meeting: http://www.arrl.org/arrlletter?issue=2017-01-19#toc03 It has a summary of the agenda, but I guess that's not really the same as a formal agenda notice.

 

He tried to "open up" the secretive operations of the ARRL. Secret meetings, secret finances, secret committee meetings, secret everything. The elites did not like this, so they stabbed him in the back and declared that another was now the Director. All this in the middle of an election for the Directorship. I hope that Doug sues the ARRL for big money and wins. The ARRL is a CT corporation, I believe. There must be CT corporate governance laws that can be brought to bear here. Stealing an election by fraud is clearly a crime.

This is the second extremely high handed action by the League. Early in 2016, they up and fired some of the top ops in the National Traffic System. There reasons were bogus(as usual) and there was great turmoil in the NTS because of this. Look it up.

 

The ARRL has been too big for its britches for a very long time. Every time I think that they might have finally gotten their act together, something like this comes along. "Stealing" the legitimate votes of members of the SE Division is reprehensible and should not be allowed to stand.

 

This has been the modus operandi for the ARRL for many, many years. The elites in Newington will tell us what is best for Amateur Radio and we, the unwashed masses, need to fall in line. Others have said that they are considering dropping their ARRL membership....I am strongly considering that too. There is a reason that the ARRL only represents about 20% of all Amateur Radio Operators in the US and Canada.

 

Maybe so, but events have proved again and again that the ARRL operates in the same way that tin pot dictators operate everywhere. Excessive secrecy in a membership organization is very poor optics....it just looks bad and smells bad. When something looks bad and smells bad, it probably IS bad. OPEN THE DOORS and let some light in.

 

When you buy a house, you will never see any HOA restrictions unless you know to DEMAND them before you sign the deed. NOWHERE does it say that you agree to all the HOA foolishness. You just purchase a nice house and suddenly you are stuck with a ton of crap that 1)you did not agree to and 2)severly limits what you can do with your own property. How someone can sell you a peice of property and then tell you what to do with it afterwards, is just beyond me....especially since you did not sign anything agreeing to all the stupid restrictions.

 

After 30+ years of ARRL rambling on about CC&R's, if a ham buys a house without assuming that he/she needs to investigate the CC&R's first, that is foolishness.

I would be shocked if there are any pro forma contracts left in the real estate business that don't explicitly tell the buyer that it is the buyer's duty to investigate any land use restrictions. The liability of not having that language would just be too high. The contract won't say "you have CC&R", but it should say "you have X days to investigate the title and use restrictions," or something like that. They do in my state, in very clear language.