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Music to Accompany French Article Whitney Houston, The Bodyguard (Soundtrack) (1992)

Property II: Class #12 Thursday 9/20/18 Power Point Presentation National String Cheese Day Kid Stuff Real Stuff. Music to Accompany French Article Whitney Houston, The Bodyguard (Soundtrack) (1992). Saturday : 2d Written Submission Due @ 8 p.m. (Big Cats )

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Music to Accompany French Article Whitney Houston, The Bodyguard (Soundtrack) (1992)

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  1. Property II: Class #12Thursday 9/20/18Power Point PresentationNational String Cheese DayKid Stuff Real Stuff

  2. Music to Accompany French ArticleWhitney Houston, The Bodyguard (Soundtrack) (1992) • Saturday: 2d Written Submission Due @ 8 p.m. (Big Cats) • Handouts in Class Today • Schedule for 2d Half of Semester (Draft #2 on Monday) • Feedback on 1st Written Submission • Posted by Tomorrow Early a.m. • Zoning Materials for Next Week • Comments/Model Answers for 2A , 2B, maybe 2F • Extra Office Hours Later Today & Tomorrow

  3. Review Problem 2H(2): Written Submission • Memo re pork & shellfish rule in Rev. Prob. 2C (H17) • Not asked to submit original 2C task re applying Nahrstedt, though useful to work through on your own before doing 2H version. • Again, assume courts have approved and legislature considering what to do. Qs re substantive problem or your task?

  4. Chapter 2: Actual and Desirable Limits on Homeowners’ Association RegulationsAPPROACHES TO LIMITING HOA REGSFrench, Restatement (3d), California Statutes, DQ2.22 & DQ2.20

  5. DQ2.22(a): Notable Spoecific Provisions Most sensible? Most surprising? Most problematic? from French Bill Of Rights from Restatement Standards from California Statutes

  6. DQ2.22(a): Notable Spoecific Provisions • French #4: (H45) Household Composition: Would address 2F but not 2B. Compare to Belle Terre & Moore in Zoning next week. • French #5: Compare to Arabian • Restatement Comments (H46): • The question whether a servitude unreasonably burdens a fundamental constitutional right is determined as a matter of property law, and not constitutional law. • transactions contain an element of overreaching, unfairness, surprise, or harshness that leads to the conclusion that the servitude should not be enforced,

  7. DQ2.22(a): Notable Spoecific Provisions • California Statutes: Compare 4705 with 4710 (H47) • 4705: “[D]isplayof the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.” • 4710 [A] noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component,

  8. DQ2.22(a): Notable Spoecific Provisions • California Statutes: Californication Protecting … • 4735: Artificial Turf • 4736: Refusal to Pressure Wash During Drought • 4746: Solar Panels • 4750: Personal Agriculture • 4750: Clotheslines

  9. DQ2.22(b): General Approaches Strengths and Weaknesses of Each Approach? Restatement Standards: Very General Standards French Bill Of Rights: More Specific Provisions based on Aggregate Experience of Problems California Statutes: Very Specific Statutory Limits (Integrated intop Larger Statutory Structure

  10. DQ2.20: Quick Look at Big PictureLet’s Do on Monday What social costs and benefits do homeowners’ associations create? Who should set the limits on homeowners’ association restrictions? The legislature? The courts on a case by case basis?

  11. Chapter 2: Actual and Desirable Limits on Homeowners’ Association RegulationsSECOND SET OF PROBLEMSReview Problems 2B,& 2FReview Problem 2G (Monday)

  12. Review Problem 2B (Nahrstedt)SIGNIFICANCE OF FACTS • Development of 4-bedroom townhouses governed by a HOA • “Adult Occupancy Rule,” from Original Governing Docs prohibits more than 10 people over 18 from being inside one townhouse at one time. • Applicable govt codes do not allow permanentresidence by more than ten adults, but allow up to 30 adults at a time in the townhouses. • OO owns a townhouse in the development. • Periodically hosts book club for dinner & discussion • Sometimes more than 12 adults • Board says these meetings violate the Adult Occupancy Rule.

  13. Review Problem 2B (Nahrstedt)For HOA: AF/TR For OO: RF/JM Presumption of Reasonableness Overcome if Challenged CC&R… • Violates public policy; • Is arbitrary = no rational relationship to protection, operation or purpose of affected land; OR iii) Burden on affected land far outweighs any benefit. Challenge to “Adult Occupancy Rule” No More than 10 Adults at a Time in 4 Bedroom Townhouse

  14. Review Problem 2FFor HOA: AF/TR For Cohabitators: RF/JM FVA =residential community of 220 townhouses and common areas. FVA purpose is to “allow families to raise children in an atmosphere conducive to traditional values.” By-law 3-17 forbids residence in the same townhouse by two or more unmarried people involved in a sexual relationship with each other. Neither the state nor the municipality in which the community is located prohibits discrimination based on marital status.

  15. Review Problem 2F (Nahrstedt)For HOA: AF/TR For Cohabitators: RF/JM Presumption of Reasonableness Overcome if Challenged CC&R… • Violates public policy; • Is arbitrary = no rational relationship to protection, operation or purpose of affected land; OR iii) Burden on affected land far outweighs any benefit. By-Law Forbidding Unmarried Cohabitants in Sexual Relationship

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