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Re: [TowerTalk] Got a tower/antenna in a CC&R subdivision?

Subject: Re: [TowerTalk] Got a tower/antenna in a CC&R subdivision?
From: Alan NV8A <>
Date: Tue, 15 May 2007 15:12:24 -0400
List-post: <>
On 05/15/07 12:34 pm Floyd Rodgers wrote:

> Ok, time for a side injection from Texas....
> Did we forget somewhere when you buy property or anything else, it is 
> supposed to be yours and not the neighbor's. I think somewhere the founding 
> fathers covered this back a few hundred years ago. Seems we need a history 
> lesson. This looks like yet another design by committe project guaranteed to 
> be ten times as expensive as required and no one will be happen with the 
> final result if it's not their way.....
> Flame suit on.

But if people *agree* to buy a property with restrictions...?

I don't know when and where CC&Rs started, but ISTR that in Britain 
decades ago the purchaser of a property was not acquiring the rights to 
any minerals, oil, etc., that might be down there somewhere. Whether 
that restriction falls into the "CC&R" category I have no idea.

Then there are local authority (city/county/township, etc.) rules that 
require (for example) two parking spaces for every residence or prohibit 
running a business in an area zoned as Residential.

It's my understanding that CC&Rs or HOA rules specifically prohibiting 
outside antennas came about when cable companies offered to cable a 
subdivision without cost to the developer provided that such 
prohibitions were imposed.

We bought an older property in a subdivision that was recent enough to 
have all underground utilities but old enough to have no HOA. There are 
brief CC&Rs, but no HOA was ever established. An ARRL VC said that he 
could not see that the wording of the CC&Rs prohibited antennas or 
towers, and in any case there were a few amateur radio antennas in the 
subdivision already when we bought here: somebody who recently started 
compiling a directory of hams in the area said that our subdivision has 
the highest concentration anywhere around.


Alan NV8A


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