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In some cases property owners can petition a court to remove or modify the covenants, and homeowner associations may include procedures for removing the covenants. The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view.
Young then traveled from Maryland to Facebook's headquarters in California and sought reactivation of her account. In testimony, she stated that she did not receive "human interaction" with a Facebook account representative at Facebook's offices, [ 4 ] and had to provide a written message to a receptionist for forwarding to an unknown recipient ...
A recent example is the California Electronic Discovery Act, which was vetoed in October 2008 (along with many other bills) by Governor Arnold Schwarzenegger simply as his expression of disgust with the Legislature's inability to fix the state's dysfunctional budget, rather than because of any substantive defect in the bill itself. [21]
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]
This article originally appeared on Florida Today: Poliakoff: 5-year statute of limitations to enforce covenant violations. Show comments. Advertisement. Advertisement. Holiday Shopping Guides.
California Proposition 14 was a November 1964 initiative ballot measure that amended the California state constitution to nullify the 1963 Rumford Fair Housing Act, thereby allowing property sellers, landlords and their agents to openly discriminate on ethnic grounds when selling or letting accommodations, as they had been permitted to before 1963.
This Woodcrest covenant states that only detached, single-family, two-and-a-half-story homes can be built in the subdivision. The George Building Company recorded the covenants in the Wake County ...
Negative covenants may be continuous or incurrence-based. Violations of negative covenants are rare compared to violations of affirmative covenants. With most debt (including corporate debt, mortgages and bank loans) a covenant is included in the debt contract which states that the total amount owed becomes immediately payable on the first ...