[Top] [All Lists]

[TowerTalk] (no subject)

Subject: [TowerTalk] (no subject)
From: "" <>
Date: Sun, 19 Mar 2006 23:31:41 GMT
List-post: <>
Hi John...

I had this type of an issue about 10 years ago...
put up a 40' aluminum freestanding tower with
a Force-12 C3 at the top.  It was in the rear
of the lot...with trees around it.  

Problem was that my north neighbor's alarm system 
went off every time I used more than 200 watts.

There was no specific language in the CC&R's forbidding
antenna towers.  There was some vague language that the 
developer had to approve all "additions to the real

Now my neighbor didn't want to hear anything about repairing
his alarm system.  His company told him that there was nothing
wrong with his system...but my station was emitting spurious
emissions (their exact words).  The fact that my kilowatt didn't affect MY 
alarm system was my neighbor.  Even after I offered
to pay for installation of by-pass capacitors, toroids and
even a replacement wireless alarm system (what was I thinking?)
my neighbor wouldn't budge.  The tower had to come down.

Screw him...sez I. So I continued to operate, forcing the issue.  

When the neighbor filed for injunctive relief in County Common Pleas
Court...he didn't even bring up the "additions to real property"
argument.  Since my neighbor had built a shed, put up a basketball
hoop and a number of other "additions to the real property," without developer 
approval, that dog wouldn't hunt.  

He did use the obnoxious activity argument.  The Judge, after
hearing that:  

1) My neighbor was not willing to take any steps to mitigate the
   problem even though I offered to pay for any work done.
2) No other security system in the neighborhood, including mine was
   affected by my ham operation.
3) No other neighbors had come forth to complain about TVI
   or any other problems.
4) My "obnoxious activity" was permitted under Federal Law and
   the Court may not even have jurisdiction.

ordered me to pay a competant third party (not the alarm company who couldn't 
find their asses with both hands) to solve the problem...with a maximum payment 
on my part of $500.00.

That all being said, John...I was real lucky. If the Court had ruled against 
me, I wasn't in a financial position to go to Federal Court for redress.  

Remember that if you go in front of a Judge expecting'll probably 
be disappointed.  What you will get is a decision...and
you may not like it.

While that system you're putting up will play well...your neighbors might not 
think it so esthetically attractive.  And if one of your neighbors happens to 
be an attorney...your life could be a living hell.  
My advice would be either scale back or go somewhere else.

Good luck.


Message: 5
Date: Sun, 19 Mar 2006 07:50:53 -0800 (PST)
From: John W <>
Subject: [TowerTalk] CC&R  Content Question
Message-ID: <>
Content-Type: text/plain; charset=us-ascii

I am currently looking for some land or house/land 2-6 acres in east Texas so I 
can put upa tower(s). Seems almost every deed restriction I come to as a 
has the common wording containing some sort of language about "no obnoxious 
activity that might be or could be considered a nuisance or annoyance to the 
Other then this one item in the restrictions there are no other restrictions on 
antennas, towers etc.  All the locations I am considereing our not within city 
jurisiction only county and they have no issues with towers or tower heights.
I have asked  two ARRL VC's to review the CC&R restrictions, deeds  etc.  
Initially I have gotten two different points of view on this wording one which 
says it could be used to sue me the other saying it can not.  I know its just 
opinion and thats all I am looking for in trying to evaluate my level of risk 
before I spend the money to move and put the tower up.
Question here:  Has anyone on this reflector been sued or had that wording 
used against them successfully or unsucessfully to have a tower removed?
FYI Tower setup would be ANWireless HD60 to HD80  with two large beams 12 feet 
apart with smaller UHF/VHF 2-3 above that.  Booms around 32-36 feet longest 
element 42 feet, not a :small footprint system.
If so I'd like to hear your story and get you opinions or comments.
John  - W5EJ   


Try Juno Platinum for Free! Then, only $9.95/month!
Unlimited Internet Access with 1GB of Email Storage.
Visit to sign up today!


TowerTalk mailing list

<Prev in Thread] Current Thread [Next in Thread>