Committee to Preserve Personal Property Rights ~ CPPPR FORUM ~ Update: Rebuttal to:   Pine Mt. Club v. Dine   October Pioneer ad [Go to "No CC&Rs" Homepage] (CPPPR Main Page)      Pine Mt. Club is entering an important (and interesting) phase in its existence.         Do we keep our CC&Rs the same?   Do we amend them?   Or, do we try something different?      What would life without CC&Rs be like? Legally, how would this work?    What about PMC's 1997 CC&Rs extension - was it legal?      Many of us have been debating these issues, both online and at PMC meetings, for many years now. What are the claimed positive aspects of CC&Rs?   CC&Rs keep up our property values by controlling bad apples (there's always a few) who would bring down the neighborhood with messy lots and weird architecture and/or color choices.      Good in theory, but how has this really worked out in practice? Let's first examine COLOR! It is claimed that CC&Rs can control a tract's appearance by imposing setbacks more stringent than Kern County's. However, so many questionable setback variances have already been granted by our Board to their friends that our ability to stop anyone now is highly questionable, especially after Notch v. PMCPOA Inc. CC&Rs can often be used to control structure types and sizes. One example are mobile home restrictions, which currently apply in all but one PMCPOA tract. However, we have always allowed modular homes (which are similar) in all of our tracts. Changes in the law now make these restrictions questionable and we currently now have several mobile-homes scattered about: [Picture] Our CC&Rs require that fences be made of wood; however, there are many chain-link and wrought iron fences already in PMC and it is doubtful if the club could stop a determined fence builder. [Pictures]      In short, name a reasonable restriction in our CC&Rs and it probably isn't being enforced fairly. Restrictions MUST apply equally to all members or the restrictions are worthless, contentious and expensive.      Actually, I support most of our original property restrictions; however, I think the authority to enforce our restrictions should be taken away from the association if we want to preserve them into the future.      I have lived my entire life in homes without CC&Rs without a major problem from my neighbors - but if you were unlucky enough to have a neighbor-from-hell move next door they could theoretically come in handy.      Our CC&Rs are clearly ineffectual and they are also lowering our property values because many prospective buyers will not subject themselves to the petty politics of our volunteer Board - who can blame them? One thing is certain, if you do need your CC&Rs, don't count on the club helping you to enforce them - you are much better off doing it yourself!      Now, PMC's Board wants even more autocratic power over our property rights by forcing a new complicated 50 page document of restrictions on us. When a prospective buyer sees these thick CC&Rs they'll run for the door and keep on going and our property values will surely drop even lower!      The Board's "Revised" CC&Rs are clearly focused in the wrong direction! Instead of granting the Board even more authority over us (as they want), we need simple CC&Rs that will better protect our homeowners' property rights. Please feel free to e-mail CPPPR to express your opinion, or just ask a question, and we'll post it if you like. [Go to "No CC&Rs" Homepage] (CPPPR Main Page) Click on the Condor to go to Pine Mt. Club's homepage:      And when you get to the club's homepage, please note how little information concerning our new CC&Rs they actually have there!      There are NO listed upcoming special Board meeting dates to tell us when the Board even plans to publicly discuss our "Revised" CC&Rs; indeed, the Board secretly met on May 12, 2000 [Photos] - did you even know about this meeting? [**Note: These photos were temporarily removed as a result of the   Pine Mt. Club v. Dine lawsuit**]. LINKS: ~ American Homeowners Resource Center (AHRC) ~ AHRC has important information & links for homeowners living under CC&Rs AHRC ~ WebTv (& non-Java browsers) Visit AHRC's new [HOA FORUM]