In response to previous postings, it would not surprise me if
enforcement and expiration of CCR with regard to any statute or
provision varies greatly. For example, many HOA require annual
meetings, etc. in order to maintain their legal status and validity of
the covenants. Some have minimal restrictions for major distractions,
like boats, campers, antennas, while others have complex requirements
that restrict what building materials are used in the home or whether
holiday decorations are permitted. I would bet expiration or
enforcement rules vary by state and possibly locality too. Entering a
community as an outsider, puts a potential ham buyer at a great
disadvantage because it may be difficult to navigate the murky waters of
permission for an antenna support structure, even with legal counsel to
guide them or interpret the situation. Even specific ham experienced
real estate attorneys might be less than enthusiastic about some of
these cases because there is no precedent or history. How a particular
HOA handled a situation in the past is probably not going to be public
knowledge.
Also, I don't know of any official study that demonstrates real estate
values decline in response to amateur tower construction. There is
likely just not enough of this construction in any specific area to
generate such valid data. What officials are going to avoid, if they
can, is devaluation of the tax base by such arguments. They know owners
can appeal virtually any situation and get the property devalued because
of changes in a neighborhood. That is going to decrease revenues to the
town and makes the process of appeals more likely than it could be.
Remember government, public servants and employees are in business to
spend money not make it. They may be inherently lazy. This is
ultimately why an elected official will extend an "opinion" that tower
will decrease property values. They don't care if your home is worth
less, but are going to be held accountable more if revenue drops, they
will need to raise taxes. That is something everyone understands.
Just my thoughtful opinions.
--
David J Rodman MD
Assistant Clinical Professor
Department of Ophthalmology
SUNY/Buffalo
Office 716-857-8654
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