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[Towertalk] deed restrictions

To: <towertalk@contesting.com>
Subject: [Towertalk] deed restrictions
From: wy6k@yahoo.com (WYsixK)
Date: Fri, 15 Mar 2002 14:07:05 -0800 (PST)
The farm is the preferred solution!!


--- Gary Ferdinand W2CS <W2CS@bellsouth.net> wrote:
> 
> >
> > This is practical advice, not legal advice.  If you put it up
> rather
> > than ask for permission, they have to go to the expense of suing
> you to
> > get it down.  And the expense of this will likely be more than any
> one
> > neighbor is willing to bear, unless you have the misfortune of
> having a
> > lawyer for a neighbor.  However, a homeowner's association (if
> there is
> > one) may be able to spread the expenses out among all the
> homeowners
> <SNIP>
> 
> > Remember, any violation of the CC&Rs counts.  Improperly parked
> > cars or motorhomes, prohibited colors on houses, improperly kept
> > landscaping, small DSS sat dishes, prohibited animals, etc.  All of
> > these are common CC&R violations that do not normally attract much
> > attention.  But you can turn them to your advantage.  In an ironic
> > twist, the tighter and more restrictive the CC&Rs the more likely
> you
> > are to find lots of violations.  A really common attitude is that
> ham
> > antenna are bad but DSS dishes are OK.  This works to your
> advantage.
> >
> 
> One pitfall to the last sentence:  In fact DSS dishes ARE OK.  They
> are
> specifically permitted by a premptive FCC ruling.  See
> http://www.fcc.gov.
> Lots of very specific words there that make no bones about it:  No
> zoning
> rules or CC&Rs can disallow DSS dishes. The wording specifically
> talks about
> CC&Rs.  They must accomodate DSS dishes in a place that allows good
> reception.  They can also regulate the construction standards by
> which they
> are put up.  But they cannot disallow them.  So, that's not a good
> thing to
> compare with.
> 
> I wish we had language like that specific to ham radio "antenna
> support
> structures."  At least recently the ARRL appears to have changed its
> long-standing policy of not rocking the Washington boat by becoming
> more
> aggressive both with the FCC and in Congress.  Likewise the
> individual state
> efforts maybe bear some fruit someday.
> 
> However, the approach you mention is fraught with financial risk. 
> First,
> you risk an injunction that requires you to pull everything down
> while the
> case is coming to court.  Second, you risk the court case outcome
> itself.
> Your idea to first gather the evidence of other, unchallenged
> violations
> before doing anything is spot-on.  However, the approach does not
> necessarily work:  You could be told to comply with the CC&Rs and
> also given
> encouragement to file lawsuits against the other violations if you
> felt the
> need.  Hardly a desireable outcome.
> 
> I've decided my wires are hidden well and cause no neighbor
> heartburn, but a
> tower(s) would be over the top (no pun) and I'd prefer to have good
> relations rather than be the piriah of the development.  Someday
> maybe NC
> will have a law like VA or we'll have some Federal help.  I'm not
> holding my
> breath.  I guess I could always buy a farm...
> 
> GL/73,
> 
> Gary W2CS
> 
> 
> 
> 
> 


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