From:
Fred Hopengarten K1VR 781/259-0088
Six Willarch Road
Lincoln, MA 01773-5105
permanent e-mail address: fhopengarten@mba1972.hbs.edu
On Mon, 30 Mar 1998 16:34:25 +0000 Malcolm Clark <rudder1@ibm.net>
writes:
>As soon as I got word of what was happening I wrote a letter to every
>property owner in the subdivision (except the instigators). I pointed
>out that the proposed changes to the convenants were extremely
>restrictive
K1VR: Find things that offend people. For example:
1. Setbacks: Point out that the new setback proposed will prevent people
from building a bus shelter to keep the kids out of the rain, or at least
require a lot of rigamarole before they can be kept dry. It will also
prevent basketball nets. Enlists parents.
2. Height: Point out that this prevents flagpoles, cupolas, widow's
walks, roof decks. May offend retired Navy men.
3. Architectural review: Point out that this adds 30-90 days to any
project, adds to cost by require an architect to show up for Arch. Rvw.
Comm. meetings, and puts control of your land in the hands of others.
4. Antennas: Point to 47 CFR 1.4000 which appears to pre-empt TV Yagis
and small satellite TV dishes even in condos. Find a station that
residents might want that is not on the local cable TV system (the Korean
channel for Korean speaking people?).
5. No boats: May offend boat owners who want to work on their boats.
6. No trailers: May offend trailer owners.
I strongly suggested consulting with an attorney (read:
>pay a lawyer money just because these jackasses have brought this up)
>prior to voting for the amendments.
>
>The vote wasn't even close.
K1VR: Because, EACH FOR HIS OWN REASON, an alliance had been created. It
is said that "politics makes strange bedfellows." Pay attention to the
rest of the proposed bylaw, not just the antenna part, and make a big
ruckus. Sometimes there isn't even a need to say that you oppose the new
bylaw because of the impact on your antennas. You might oppose it for two
or three non-ham reasons that someone else can agree with. Get
widespread agreement that the present system isn't too bad, and you'll
get widespread agreement to dump the proposed bylaw.
One last thing: Try to find out what is really bothering the proponents.
Maybe it really is boat trailers in driveways, and not a desire to clean
up the bylaws generally. In that case, behind the scenes, see if a more
narrow bylaw can be drafted, instead of adopting the more inclusive one.
But when you start down this road, remember that you are now alienating
the boat owners , who will no longer be your friends.
>In your situation, the restriction on any transmitting antenna sounds
>like a freedom of speech issue to me. :-)
K1VR: Historically, in court this argument loses every time. Tho the
legal precedents really are there, it loses. Use better ammunition.
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