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Re[2]: *** DENIED ***

To: <towertalk@contesting.com>
Subject: Re[2]: *** DENIED ***
From: John_Langdon@medianet.com (John_Langdon@medianet.com)
Date: Mon, 25 Nov 96 08:07:15 CST
     


______________________________ 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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