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[CQ-Contest] HOA and CCR

To: cq-contest@contesting.com
Subject: [CQ-Contest] HOA and CCR
From: D Rodman MD <rodman@buffalo.edu>
Date: Sat, 19 Aug 2017 07:14:46 -0400
List-post: <mailto:cq-contest@contesting.com>
In response to previous postings, it would not surprise me if enforcement and expiration of CCR with regard to any statute or provision varies greatly. For example, many HOA require annual meetings, etc. in order to maintain their legal status and validity of the covenants. Some have minimal restrictions for major distractions, like boats, campers, antennas, while others have complex requirements that restrict what building materials are used in the home or whether holiday decorations are permitted. I would bet expiration or enforcement rules vary by state and possibly locality too. Entering a community as an outsider, puts a potential ham buyer at a great disadvantage because it may be difficult to navigate the murky waters of permission for an antenna support structure, even with legal counsel to guide them or interpret the situation. Even specific ham experienced real estate attorneys might be less than enthusiastic about some of these cases because there is no precedent or history. How a particular HOA handled a situation in the past is probably not going to be public knowledge.

Also, I don't know of any official study that demonstrates real estate values decline in response to amateur tower construction. There is likely just not enough of this construction in any specific area to generate such valid data. What officials are going to avoid, if they can, is devaluation of the tax base by such arguments. They know owners can appeal virtually any situation and get the property devalued because of changes in a neighborhood. That is going to decrease revenues to the town and makes the process of appeals more likely than it could be. Remember government, public servants and employees are in business to spend money not make it. They may be inherently lazy. This is ultimately why an elected official will extend an "opinion" that tower will decrease property values. They don't care if your home is worth less, but are going to be held accountable more if revenue drops, they will need to raise taxes. That is something everyone understands.

Just my thoughtful opinions.

David J Rodman MD
Assistant Clinical Professor
Department of Ophthalmology

Office 716-857-8654
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