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 irrelevant...to 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
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 justice...you'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.
Date: Sun, 19 Mar 2006 07:50:53 -0800 (PST)
From: John W <firstname.lastname@example.org>
Subject: [TowerTalk] CC&R Content Question
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
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