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You won't see it in the CCRs, Bylaws, etc.. since it wasn't implemented and part of the original plans of the association. The builder is just a homeowner now right? If so then they have no extra rights then other homeowners (unless Bylaws say different?) Anyways, you definitely should question it; homeowner (builder) should have been treated as a vendor, ...


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Contracts mitigate risk - they do not eliminate it First of all, the "point" of contracts is that they set out legal rights and obligations for all commercial transactions. Buy a cup of coffee? That's a contract. Go to the movies? That's a contract. Buy a house? That's a contract. Build 23km of motorway? That's a contract. Now, when I buy a cup of coffee,...


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Don't know if they can do this in Austraila, but in the U.S., Lawyers will typically take payment from the settlement once the case is one (typically, losing the case means you must pay all legal fees in addition to punitive and compensatory damages). In fact, it's more likely that a lawyer won't take a good case if the defendant (the guy getting sued) is ...


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What's the use of contracts if you can't take a contract violator to court? A clear, thoughtful contract can be a deterrent to misconduct, and Australia is one of many jurisdictions where pro se litigation is allowed. Self-represented litigants certainly have to undergo a steep learning curve and are expected to comply with a code of conduct, procedural law,...


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