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[TowerTalk] Negotiating CC&Rs

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Subject: [TowerTalk] Negotiating CC&Rs
From: (Eddy Avila)
Date: Tue, 01 Jan 2002 19:06:55 +0000
Bill, this is the best idea I have read/heard of in 20+ years of CC&R 
crap!!! Good show!!

Who was it that once said everything in life is negotiable? The problem for 
most of us, if it's written down we tend to take it as gospel!


>From: "Bill Hider (N3RR)" <>

>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 
>(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 
>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

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