My advise, be maximally paranoid, but quietly.
Find a local real estate attorney to draw up an agreement or have him review
this agreement. Towers bring out the worst in some people. When you start
building, someone will object.
Second advise, make good with your neighbors. Let them get to know you
first and share some of your emergency operations ideas and community
vision, then put up the tower after you've gotten to know all your immediate
neighbors well. Take care of your neighbors (not that you need a reason to
do this, but it is especially true now). Also, wait at least a year before
putting up towers. It is easy to fight an anonymous adversary, a lot harder
to fight ones friend especially one who is known to take care of ones
My advice, for what it's worth.
I put up a tower and had a CC&R without restriction and still had one
neighbor try to fight me. As I got to know him better, he stopped
complaining. He realized he wasn't going to win and he had more to gain by
being a friendly neighbor.
[mailto:email@example.com] On Behalf Of Joe - WDØM
Sent: Friday, March 21, 2008 8:00 AM
To: Robert Crews
Subject: Re: [TowerTalk] CCR's -- Am I being too paranoid?
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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