Los Angeles
HOA Management
J & N REALTY, INC.
Time-Honored Quality & Commitment Since 1993
- Primus Inter Pares -
~ first among equals
RULES OF TEXTUAL INTERPRETATION Words are presumed to bear their ordinary meanings. Without some contrary indication, a word or phrase is presumed to have the same meaning throughout a document. The provisions of a document should be interpreted in a way that renders them harmonious, not contradictory. If possible, no interpretation should be adopted that renders the provision in question – or any other provision – superfluous, unlawful, or invalid. If possible, every word should be given effect; no word should be read as surplusage. Legislative provisions should be interpreted in a way that avoids placing their constitutionality in doubt. A federal statute should be read to eliminate state sovereign immunity or to preempt state law in an area of traditional state action unless that disposition is clearly expressed. Legislative provisions defining crimes and punishments will, in case of ambiguity, be given that interpretation favoring the accused (the rule of lenity).
CANONS OF CONSTRUCTION Inclusio unius est exclusio alterius – The inclusion of one implies the exclusion of others. A sign that reads “open to persons 21 or over” implies that the place is not open to persons under 21. Noscitur a sociis – A word is known by the words with which it is associated. In the phrase “staples, rivets, nails, pins, and stakes,” the word “nails” obviously does not refer to fingernails. Ejusdem generis – Of the same kind. A general residual category following a list of other items refers to items of the same sort. In the phrase “staples, rivets, nails, pins, stakes, and other items,” the “other items” do not include balloons, but only other types of fasteners. Ut magis valeat quam pereat – So that it may survive rather than perish. An ambiguous provision should be interpreted in a way that makes it valid rather than invalid. | ||
J & N Realty Inc. -- Property Management Services Real Estate Condominium Homeowner Association Townhouse Townhome HOA Condo Common Interest Development > Articles II. > Rules of Textual Interpretation & Canons of Construction We do the difficult immediately; the impossible takes a little longer
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It is the fate of the Property Manager to toil at the lower employments of life; to be rather driven by the fear of evil than attracted by the prospect of good; to be exposed to censure without hope of praise; to be disgraced by miscarriage or punished by neglect, where success would have been without applause and diligence without reward. While others may aspire to praise, the Property Manager can only hope to escape reproach, and even this negative recompense has yet been granted to very few.
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As Property Managers, we all have learned primarily
through our mistakes and pursuits of false assumptions
rather than by our exposure to fountains of wisdom and
knowledge.
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