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[Towertalk] deed restrictions restrict not only antennas

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Subject: [Towertalk] deed restrictions restrict not only antennas
From: rmoodyg@concentric.net (Richard M. Gillingham)
Date: Tue, 19 Mar 2002 20:38:21 -0500
Amen, Amen...

I think you've hit the nail on the head.  CC&Rs are fine for the folks 
who want them, but ar a bain for  Amateur Radio's future.  Again and 
again this thread has brought up the difficulty in recruiting or 
Elmering new hams when after all is said and done they won't be able to 
practice their art.  My mom lived near you (Venice - Englewood) in a 
beautiful condominium community of separate homes.  They're absolutely 
adamant there that nothing blemish their image.  When I asked what they 
planned to to for communications if a substantial storm knocks out the 
local LL and Cellular systems, she blythely stated they knew a local 
(not a resident of THEIR community) ham who would assist.  I hit the 
roof.    

For every ham that refuses to purchase in a community with CC&Rs, there 
are a hundred non-hams who think the concept is devinely inspired and 
jump at the chance.  

ARRL is tackling Congress to nullify restrictions to amateur radio 
antenna support structures...
Trouble is I think ARRL has bitten off a really big chew, and whereas 
money (Developers and HOAs with restrictive CC&Rs)  talks, the Congress 
isn't about to bite the hands that reelect them..   Remember, neither 
life nor property is safe while Congress is in session...

Good luck to all.
73
Gil, W4PJI



W4ZW wrote:

>My last CCR home had a clause not only forbidding antennas but strictly
>forbidding "amateur and CB radio operation of any type within the gated
>area."
>
>I ignored it, put up a R-7 on a hinge mounted on my roof with a rope
>pulley that I used to pull it up at dusk.  It collapsed onto the roof
>behind the house so it was not visible from the street.  I had a wooden
>saddle it rested in when horizontal to protect the capacity hats.   It
>also worked in the horizontal mode with my FT-1000D tuner.  I also
>strung up a wire Windom that was virtually invisible from the street
>into the trees.
>
>Had one neighbor who took me to task for having antennas, but I simply
>told them I had a Federal License for my radio and antenna and that
>over-ruled any local HOA rules.   Bluff worked for the seven years I
>owned the place, but after having homes in three CCR developments, swore
>never to buy into that mess again.
>
>Even though the homeowners rules are meant to protect and maintain the
>ambience of the development, there is always one or more individuals who
>pervert them because they want to dictate to everyone else.  We had one
>lady who had her application for a garden plot rejected by the
>Architectural Review Board.  Having nothing else to do, she marched
>through the development each day with her clip board writing up every
>infraction she could find and then demanded the management company write
>the owner.  Of particular insult was her writing up brown patches in our
>yards while we had sprinkler rationing in place.  She demanded that each
>homeowner have the offending area resodded.  Also, several driveways had
>iron stains due to the mineral content of the well system water.  She
>required that every such drive be bleached white or replaced per the HOA
>rules restricting stains in the driveways. 
>
> Our management costs went up, everyone hated the rules they had so
>blithely signed when buying their house, and a move was underway to
>rewrite them.
>
>In Florida it is difficult to find any area that doesn't have either
>building deed restrictions, or land deed restrictions restricting
>outdoor antennas unless you want to live in the boondocks.
>
>Normally we can simply exercise our choice as to where we buy and what
>restrictions we buy into, but what about the new ham?  I'm active in
>recruiting and training school kids into becoming ham radio operators.
>They are always let down when they learn from their parents that they
>can't have an antenna outside.  Seems to me the CCR's are not only
>restricting our right to enjoy our hobby, but are severely obstructing
>our recruitment of new hams.
>
>My 2 cents, FWIW.
>
>Jon Hamlet,  W4ZW
>Casey Key Island, FL
>
>"A little bit of Paradise in the Gulf of Mexico"
>
>
>
>
>
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