[Towertalk] ABC Home Owners Assoc Expose

[thompson@mindspring.com (David L. Thompson)]

What is wrong with the CC&R's is that most are NEVER signed by each
homeowner.  The prevailing law is that if they exist and are not expired
that just their being there makes them valid.   The lawyers have inserted a
line that says that closing on the property means you understand all hidden
rules and regulations.  In this country not knowing the law is no excuse!

There is a move afoot to add strict CC&R's to many existing subdivisions.
These starts innocently enough with the start of a homeowners association.
Just ask Gerald W5BA in Houston about what can happen. There are many towers
within a few miles of Gerald but his homeowners association decided to defy
zoning and not allow his proposed tower.   His lawyer said he would probably
win but be prepared to spend many thousands of dollars.

The law reflector run by W4UCK is the best place for legel support and
issues.  The recent book by K1VR is also a must if you plan to live in or
near any city.  Its on the ARRL publications page and can be ordered on
line.

ARRL is taking the issue to Congress as the FCC has ducked the issue.  Right
now we are on our own.

Dave K4JRB