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Re: [TowerTalk] Tower regulatory climate in Fort Collins - Loveland, CO

To: "Dave Harmon" <>
Subject: Re: [TowerTalk] Tower regulatory climate in Fort Collins - Loveland, CO area
From: "Kelly Johnson" <>
Date: Fri, 18 Jul 2008 07:47:44 -0700
List-post: <">>
This thread started out as a request for information about the
regulatory environment of one particular area of the country and has
quickly turned into a debate about the use of realtors, hiring
lawyers, and researching CC&Rs.

I think the original requester just wants to know if there are "ham
friendly" cities/twps/counties in the area and if so, where.  For
example, in my area of the country I can tell you exactly what cities
are "ham friendly" and which ones are not.  I can even provide you
links to the online zoning ordinances for most cities around here.  It
took me years to research this info because nobody on lists like this
could tell me.  I'm sure the original poster would like to avoid this
"years of research" and find out quickly what areas to avoid and what
areas are better.  If his experience is like mine...he won't get many
answers to that request.  Why?  Well, among other things, many hams
don't want to tell you that their city is "ham friendly" because they
don't want another ham moving in nearby and causing QRM during every

It is correct to say that it is VERY IMPORTANT for anyone serious
about putting up a tower to make sure they know the city/county/twp
zoning ordinance like the back of their hand and have the CC&Rs
reviewed before signing on the dotted line, but it would sure be nice
if there were an easier way to find out (in advance) what areas should
be avoided.  I just moved about 3 years ago and I limited my search to
3 cities which are known to be "ham friendly" in the sense that the
city zoning ordinance clearly allows ham towers and numerous hams
already have towers in those cities.  I could rule out at least half a
dozen other cities around here that either have no clear ham tower
regulations OR are known to be hostile to ham tower requests.  I'm
sure the original poster would love to know this type of info about
the area he plans to move to.

On 7/18/08, Dave Harmon <> wrote:
> See **** for comments.
> Regards
> Dave Harmon
> K6XYZ[at]sbcglobal[dot]net
> Sperry, Ok.
> -----Original Message-----
> From: Richards []
> Sent: Friday, July 18, 2008 1:58 AM
> To: Dave Harmon
> Cc: 'John Becker';
> Subject: Re: [TowerTalk] Tower regulatory climate in Fort Collins -
> Loveland, CO area
> But I fear you might be suggesting a contradiction.  If you call upon
> the Realtor arrange to have the Register of Deeds locate and fax
> documents to you, then you are, in fact, going to rely heavily on the
> Realtor.
> ****not really....this is not what I said.
> I said....>>>> most
> of the time you can go straight to the realtor's office and the fax will be
> waiting for you.<<<<
> You will not see any deed restrictions and/or covenants until closing and
> they are not always presented. The realtor knows who to call to obtain a fax
> of the info. They do it all the time.
> ***********************************************************
> This is especially because, in most jurisdictions, that just
> isn't going to happen.  The Register of Deeds is not going to do a title
> search and locate and copy records, because that is not its job.
> ****wrong again....they are not doing a title search, just a simple fax of
> the ain't a big deal...and there is no charge.
> ***********************************************************
>  Even
> if he is willing to do that, there will be a substantial fee in most
> cases.   Moreover, unless you hire a qualified person to research the
> public records, you cannot be sure you will receive all the pertinent
> recorded muniments of title that appertain to the parcel in question.
> And, if you don't know what you're doing, you'll need an expert - and a
> Realtor is generally not an qualified to do this  (This could, of
> course, vary by jurisdiction, but that is, I believe generally correct.)
> ****you are running away with this.
> ************************************************************
> Moreover, once found, some some recorded documents may require
> interpretation as to what is or is not allowed, especially as to whether
> certain restrictive language restrictions applies to the type of tower
> or antenna you want to deploy.   Again, a Realtor is not generally
> trained or experienced to render such legal opinions.  And if a Realtor
> is not qualified, then, presumably, neither are you as a member of the
> general public.
> ****no one said that a realtor needed to be qualified on these matters
> except you.
> As I said previously, the only thing you need a realtor for is the listing,
> appointments, and info from the county re restrictions and the city for
> their restrictions.
> The responsibility for immediate action is on the buyer.
> If there are so many pages of restrictions that you need to hire a real
> estate lawyer then you should look elsewhere.
> *************************************************************
> So, "you pays your money and takes your chances" ... or more accurately,
> if you do it alone, you don't pay your money, and you take even more
> chances!   But, this is not the first time I have heard argument against
> hiring a lawyer - they cost too much money...  that is... until you
> realize you need one to bail you out of some jam, or to fix what could
> have been avoided for a much smaller fee.
> ****respectfully speaking of course.....un-sliced baloney.
> *************************************************************
> I have been researching and writing real estate documentation for 25
> years, and, therefore, have some confidence in my position.  Of course,
> there is room for disagreement and not all people will heed my advice.
> I am used to  that.   Yet, I retired at the ripe old age of 50 because
> it costs way more to fix a problem, than to prevent one.
> ****TMI.
> Just my take, of course, your mileage may vary...
> Happy trails.   ===  K8JHR  ===
> =
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