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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: "Kelly Johnson" <>
Date: Tue, 15 May 2007 12:27:49 -0700
List-post: <>
On 5/15/07, Alan NV8A <> wrote:

> 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.

The concept of CC&Rs goes way back to medieval England according to
the following website:

My previous house, built in 1939, had CC&Rs that prohibited outhouses,
barnyard animals, commercial laundry's, etc.  Obviously, no antenna
prohibitions.  A co-worker who lived 2 blocks away lives in a house
built around the same time and it has CC&Rs that contain restrictions
on certain minorities which have now been invalidated.

> 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.

You are correct.  I can show you a CC&R dated 1974 that specifically
prohibited the installation of external antennas "for the purpose of
television reception" except those owned and operated by the cable
company.  It is not a blanket antenna prohibition covering all types
of antennas.  It specifically prohibits TV antennas.  Why?  You can
bet that the cable company paid the developer to include that type of
prohibition.  I don't believe cable companies do this anymore, but the
antenna restrictions remain.  Of course, TV antenna prohibitions are
now somewhat overruled by OTARD regulations AND external TV antennas
are once again becoming popular due to over-the-air HDTV reception.
You're seeing more and more large TV antennas being installed to get
good HDTV reception.

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