Slightly off-topic, but in your case with such short and old covenants, I'd
recommend three things that possibly the lawyer didn't suggest, or do:
1. Determine if the CC&Rs have an expiration date, or have already expired;
many do, especially those written 30+ years ago.
2. Scan the neighborhood for other examples of outdoor antennas or towers
similar to what you'd like to install, and visit any hams -- and chat about
this subject.
3. Review local zoning ordinances to see what's allowed by rote. In some
cases, local code may be very restrictive, even if there are no covenants at
all; in others, zoning may not even be enacted! But it surely pays to know
what, if any, ordinance you'd be up against.
WB2WIK/6
"Success is the ability to go from failure to failure with no loss of
enthusiasm." -Winston Churchill
> -----Original Message-----
> From: Alan Beagley [SMTP:AB2OS@att.net]
> Sent: Thursday, March 25, 2004 9:50 AM
> To: TowerTalk
> Cc: Steve Katz
> Subject: Re: [BULK] - [TowerTalk] CC&Rs
>
> But what about the current attempts to have something similar to PRB-1
> enacted at the State level?
>
> I'll try to scan our CC&Rs -- but keep in mind that this subdivision is
> now 30 years old (but does have underground utilities). The lawyer I
> consulted (an ARRL Volunteer Counsel) was surprised that the document is
> only three pages long, whereas most he sees are 50 pages or so.
> (Somebody reported that the CC&Rs for a subdivision in Illinois were
> three inches thick and nobody wanted to let him read them.) The CC&Rs
> here do place limitations on "structures," but the lawyer said that in
> the context that means "buildings" only.
>
> I haven't erected a tower yet. We've been here less than six months, and
> I want to establish a good rapport with the neighbors first. I've only
> just put up the VHF/UHF vertical and the long wire.
>
> Alan AB2OS
>
>
> On 03/25/04 12:01 pm Steve Katz put fingers to keyboard and launched the
> following message into cyberspace:
>
> > Of course they did, and FCC's response was they were not going to deal
> with
> > this at all, at this time (as of two years ago). The recommendation was
> to
> > approach Congress via your elected Senators and Representatives to see
> if
> > someone would float a bill. That's slowly garnering support, but who
> knows
> > if 525 members of Congress can find a simple majority to rule on this?
> >
> > Normally, in the absence of a Homeowner Association or some
> owner-elected
> > body, there is no one to enforce CC&Rs. These are private deed
> > restrictions, not involving government agencies.
> >
> > I'm impressed (and somewhat amazed) your own CC&Rs do not restrict
> outside
> > antennas. If that's really the case, those are great CC&Rs, and very
> unlike
> > most I've read. Could you possibly scan a copy of the docs and post
> them
> > somewhere we can download them, to serve as a framework for authoring
> future
> > CC&Rs which are more "ham friendly?" That would be a great service.
>
> >>Just out of curiosity (since the legal advice I received assured me that
>
> >> the CC&Rs relating to my home do not outlaw antennas and towers):
> >>
> >>I know that attempts are being made in various States to have PRB-1
> >>apply to properties subject to Homeowners' Associations. But what about
> >>properties with "Restrictive Covenants," CC&Rs, etc. that outlaw
> >>antennas and "run with the land" and are therefore technically
> >>enforceable (by whom I am not sure -- by the courts at the instigation
> >>of one's neigbors?) even in the absence of a Homeowners' Association?
> >>Have the attempts to widen the scope of PRB-1 dealt with this situation?
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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