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[TowerTalk] Negotiating CC&Rs

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Subject: [TowerTalk] Negotiating CC&Rs
From: (Bill Hider (N3RR))
Date: Tue, 1 Jan 2002 13:54:04 -0500

In 1985, I negotiated exemption from the CC&Rs on a new, yet to be built,
house in a local subdivision.  I had a fully executed purchase agreement
that included an exemption from the CC&Rs.  Those CC&Rs prohibited ANY
external antennas and/or towers.  My exemption allowed an amateur radio
tower not to exceed 100 feet tall.  The purchase agreement also included a
one-week window within which I could get out of the contract for any reason.
(This allowed me to look at the zoning regulations for the property and see
if amateur radio towers were prohibited or not.)  I ultimately terminated
the agreement for other reasons, not for CC&Rs or zoning, both of which I
successfully passed.

Here's what I did for the CC&Rs:

The house was one of the first few (but not THE first) houses being built a
new subdivision. In fact, the house was not under construction yet.  The
builder would begin construction when a contract was consummated. The CC&Rs
were written such that the builder (and several of his management staff)
constituted the homeowners' association.  Per the CC&Rs, when the last house
was sold, the then-homeowners then constituted the homeowners' association.
The builder would be then no longer involved.

Well, I negotiated with the builder's representatives and the builder's
on-site real estate agent for an exemption from certain paragraphs in the
CC&Rs that prohibited towers.  The CC&Rs gave specific authority to the
homeowners' association to make modifications to the CC&Rs and, as I
mentioned, the builder and his managers constituted the association at that

**This is the important part of this story: If you can negotiate with a
smaller number of people who are not owners, and who care only that their
property gets sold, you may have a chance to negotiate out of the CC&Rs.**

So, my house purchase agreement contained a specific rider that specified
the changes to the CC&Rs that my attorney and I wrote, was signed by all
members of the then-homeowners' association, and was attached to the
purchase contract as a rider.
It was *beautiful*!

Alas, I decided to exercise my termination rights because I decided to buy
another property (my current QTH:  I changed my mind
because this new property was larger, on higher ground, had NO CC&Rs and NO
zoning prohibitions.  But, I had an interesting experience with CC&Rs along
the way.


Bill, N3RR

Hi Stu,

I don't have much experience with this, but I wonder if any
buyers have had success negotiating specific exemptions (antenna,
or otherwise) to CC&Rs prior to closing on a property?

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