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.
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