Yeah, one would think, huh? I guess not in Colorado...
Bill / W5WVO
Don Havlicek wrote:
> What about 'preemptive' rights? ... sometimes called 'grandfathering'
> ?
>
> In this part of Indiana, any change in 'rules' by a non-governmental
> authority cannot be imposed after the fact.
> Don
> N8DE
>
> Bill VanAlstyne wrote:
>> Jim Lux wrote:
>>
>>
>>> By the way, not to rain on your parade, but there's nothing keeping
>>> an HOA board from making a rule prohibiting antennas at any time,
>>> even if the CC&Rs don't say anything about it, because, generally,
>>> the CC&Rs contain provisions allowing the board to do just that.
>>
>>
>> Not only that, but in some states like Colorado, the law could bring
>> you down
>> even if your land has no CC&Rs attached to its deed and there is no
>> homeowners
>> association. How? The Colorado law is called the Common Interest
>> Ownership Act (CIOA), and according to an excellent article in April
>> CQ magazine (Fred
>> Baumgartner, KG0KI),
>>
>> "...[A] neighborhood with expired or no covenants at all can elect
>> with a simple
>> majority to create and enforce covenants under an HOA. Further, the
>> CIOA
>> provides a means by which the elected members of the HOA can change
>> covenants at
>> will, without a community vote or even public notice. Many hams
>> assume that
>> because there is no HOA, there can be no HOA. In Colorado, at least,
>> that often
>> is not true."
>>
>> The lot I own and am building on right now in New Mexico, in an area
>> of
>> singly-owned lots that weren't all bought up together by a
>> developer, is CC&R-
>> and HOA-free. Hopefully it will stay that way -- but not if a
>> Colorado-style
>> CIOA law were to take effect in New Mexico. In such a case, as I
>> read it,
>> neighbors who share my road -- there are only a handful of them now
>> -- could
>> decide they don't like my antennas, form a homeowners association,
>> adopt
>> antenna-proscriptive CC&Rs, force my property into the HOA by means
>> of a
>> CIOA-defined "common area" assertion, and make me remove my antennas
>> under pain
>> of being foced out of my home by hostile litigation.
>>
>> Yikes! Is this America? This is the Tyranny of the Majority writ
>> large...
>>
>> Bill / W5WVO
>> Albuquerque, NM
>>
>> _______________________________________________
>>
>> 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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_______________________________________________
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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