When I purchased our property here in CO, I included a contingency that
if towers were not allowed, the sale would be void. I went to the HOA
CC&R committee and got a written "OK" before we proceeded. That
approach worked well for me.
Get a written determination from the appropriate regulating body, and
you should be in good shape.
Joe Hannigan - WDØM
Pagosa Springs, CO
Robert Crews wrote:
> Last week I made an offer on an 11-acre property outside of Kingman, AZ.
> It was accepted and yesterday the title company sent me a copy of the
> property's CCR's to sign off.
> There is no mention ANYWHERE within the CCR's about towers, antennae, height
> limitations, or any communications equipment.
> However, one item caught my attention:
> "(9) No noxious or offensive trade or activity shall be conducted
> upon any portion of said land, nor shall anything be done thereon
> which may be or become an annoyance to the neighborhood;
> and no refuse piles, junk piles, wrecked car bodes, weeds or
> other unsightly objects shall be permitted to be placed or to
> remain upon said land unless completely hidden from view from
> any neighboring property or access road, and in the event that
> any of such owners shall not comply with the above provisions,
> then declarants, or their successors and assigns, shall have the
> right to enter upon said land and remove the offending
> objects at the expense of such owner, who shall repay the
> same upon demand, and such entry shall not be deemed
> as trespass."
> The key word here is unsightly objects. Are towers/antennas
> considered to be unsightly objects?
> Some further facts about the area. The county building inspector
> gave me a copy of communications towers rules -- Amateur
> Radio and CB are totally exempt -- no building permit needed. Only
> setback rules need to be followed. One neighboring property has a
> 40-foot windmill tower. Another has a mobile home that has been
> gutted. There is NO homeowners association. The area is very
> rural with 5- to 10-acre parcels the norm.
> Am I being too paranoid or is this a red flag?
> Bob / K1VA
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