tag:blogger.com,1999:blog-5060417.post2033319543320027834..comments2023-11-05T06:18:25.377-06:00Comments on The Privatopia Papers: Taylor couple loses appeal — over a fence | The Detroit News | detroitnews.comEvan McKenziehttp://www.blogger.com/profile/04479661304143631524noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5060417.post-27178157248743047232012-04-22T09:54:50.022-05:002012-04-22T09:54:50.022-05:00"Waiver and estoppel? Don't matter. Neig..."Waiver and estoppel? Don't matter. Neighbors don't care? Doesn't matter. Words? They are all that matter."<br /><br />As <a href="http://abcnews.go.com/2020/story?id=123915&page=1&singlePage=true" rel="nofollow">the professor said 10 years ago on ABC's 20/20</a> :<br /><br />"<b>What's really driving this is the dynamics of these collection lawyers who are just out to generate fees</b>"<br /><br />According to the CAI, the opportunity to generate fees for HOA lawyers does more to create a sense of community than the wishes of the neighbors or any degree of common sense. <br /><br />And you can be sure that the HOA's lawyers encouraged the litigation, because (for a fee) they wrote the HOA's policy that says the lawyers get paid first, and get paid regardless of the outcome.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5060417.post-78933215864214433312012-04-22T08:41:00.787-05:002012-04-22T08:41:00.787-05:00I love it when the court takes a strict interpreta...I love it when the court takes a strict interpretation of a contract to make its point, like in this case, <i>“A deed restriction represents a contract between the buyer and seller of property.”</i> But, how does that apply to a third party HOA who is neither the buyer nor seller, strictly speaking? <br /><br />And then there’s the, <i>“And it is “[a] fundamental tenet of our jurisprudence . . . that unambiguous contracts are not open to judicial construction and must be enforced as written.”</i> Like, the only applicable law is contract law and the “contractual” CC&Rs, which would fail any test under Contract Law 101. You know, the contract rules all laws of the land, regardless. People can contract to subvert the law, is what I see being allowed here with such a strict interpretation approach to law and order.<br /><br />Excuse me your honor, what say you about your own statement that, in regard to exceptions, <i>"or when “the<br />restriction contravenes law or public policy.?”</i> Desn't it apply here as good public policy???George K Staropolinoreply@blogger.com