______________________________ Reply Separator _________________________________
Subject: Re: *** DENIED ***
Author: KS6Z@sprynet.com at ~acs-aus
To: <towertalk@contesting.com>
Date: 11/22/96 4:21 PM
Sorry to hear that your result was not good.
--SNIP--
I suppose you can do it legally in time but the best way out is to move
to a location that DOES NOT HAVE CC&Rs THAT YOU WILL HAVE TO SIGN PRIOR
TO CLOSING AN ESCROW.
-----------------------------------------------
In Texas, the CC&R's are valid and enforceable as long as they
are legally filed at the courthouse: it makes no difference at all
whether or not you sign anything before closing, or even if you were
aware of them - the burden is on you to research them. I am not sure how
that works in other areas of the country. Also, in most Texas cities,
the language in the CC&R's for subdivisions done since about 1954 is
remarkably similiar, and most have blanket prohibitions on outside
antennas, so there are few if any non-rural places that you can move and
legally have an antenna.
In the case of my subdivison, the existing CC&R was drafted in
part to make sure everyone subscribed to the cable system, which was
owned by one of the partners in the development of the subdivision. I
believe that it is not fully enforceble with regards to the latest FCC
rulings about small dishes and MMDS antennas. On strict interpretation
it does not even allow the Architectural Control Committee to grant
exceptions.
I believe there should be some reasonable accommodation between
aesthetic considerations and my right to use my property - so I will
proabably pursue this further - after all I can't spend the money on
antennas!
73 John N5CQ
--------------------------------------
Dan Keefe KS6Z
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