Joe, I believe you've missed the point. CC&R's being a contractual
arrangement between buyer/seller is enforced by the tort laws of the U.S. Now
those tort laws make no distinctions between the Bill Of Rights and the
contract signed. This be bad Joe. Like CAFE standards forced on automobile
manufactures, environmental standards enforced on the States...ala Clinton
shutting down logging on Federal Lands while forest fires burn more than we
could log. Even Federal Firearm laws that say I cannot drive within 1000 yards
of a school with my trap shotgun and ammunitions. I have to break the law to
get off Mercer Island to attend shotgun meets. Freedom is being eroded around
us daily in the name of the greater good...or maybe to preserve the value of
our homes.
Relating this to the Nazi's is really only saying we are becoming more of a
fascists country where we rely on government for guiding our daily lives.
Remember the "Red Lining" in the 1960'-70's that restricted a certain color of
people to obtain mortgage loans in certain income level areas? The law of the
land changed that big CC&R deal. Zoning restrictions are arbitrary and
subjective and many times it depends on how much money you can throw at the
zoning law proposed that determines the outcome of a challenge. CC&R's are also
arbitrary and subjective.
Does anyone remember what happened in Palos Verde's, CA. Does anyone remember
Cerritos, CA? Those are some interesting studies for hams winning big battles.
Geo W7LFD
Joe writes:
I have done my homework ... after all, I am vice-president of
the homeowners' association for the community in which I live.
All I'm saying is that K3AIR's painting of all homeowners'
associations as "Nazis" is offensive and wrong.
I happen to agree that the FCC should have preempted antenna
restrictions for amateur radio just as they did for direct
broadcast (satellite) television. In fact, I believe that the
ARRL screwed up when they asked the Commission to extend the
preemption rather than picking an easy test case and going to
the courts using the existing preemption. I also believe that
Congress should legislate the pre-emption since the Commission
seems to lack the balls to do their job right.
That said, there are many homeowners' associations that have
ceased to function, no longer enforce the CC&Rs, or which can
not enforce the CC&Rs because they have failed to enforce them
consistently. That some associations have gone overboard does
not make all HOAs bad any more than all amateur towers are bad
simply because some amateurs overload or fail to install them
properly.
73,
... Joe, K4IK
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