
I have received an interesting email from a member in the Southeastern Division that is also a volunteer counsel. He raises an interesting question that the Board needs to have a good, unified answer to—a FAQ similar to the RM-11708 one on the website might be in order. Rather than attempt to paraphrase, here’s the pertinent part of his email: “Second, I am concerned about federal legislation that wholesale invalidates private contracts. The federalism concerns which prompted the FCC to avoid interfering with CC&Rs in the first instance continue to exist even with Congressional fact-finding or action. It seems to me that if a ham moves to a development with CC&Rs, that is on him or her to exercise due diligence to understand the restrictions imposed, how they work and how they can be enforced. Despite our public service, I struggle with what makes us think we are special and should not be bound by private contracts that we voluntarily enter into.” What is the Board response, especially in view of that being a question that is likely to be asked by legislators and by opponents such as HOAs? Doug K4AC