Yeah, but it can work. My CC&R's didn't have the waiver and I got my
way by demonstrating that the CC&R's were not uniformly enforced. I
kept the tower.
--- Jim Lux <jimlux@earthlink.net> wrote:
> That path lies to financial ruin... He who walks into a courtroom
> loses,
> regardless of the verdict.
> Aside from the usual "failure to enforce any provision does not
> constitute a
> waiver of the right to enforce that provision in the future"
> disclaimer.
> Perhaps, taken in a lighter vein.. as an example that transmitters,
> per se,
> don't cause problems, you could use it to remove the ban on
> transmitters.
> Asking for uniform enforcement would be a fool's errand, for you see,
> assuming I went to court to force the issue, I would be suing myself,
> being
> a member of the association and ultimately (partially) liable for the
> costs.
>
> ----- Original Message -----
> From: <K4BEV@aol.com>
> To: <towertalk@contesting.com>
> Sent: Saturday, April 20, 2002 2:08 PM
> Subject: Re: [Towertalk] ABC Home Owners Assoc Expose
>
>
> > In a message dated 4/20/02 12:11:04 Central Daylight Time,
> > jimlux@earthlink.net writes:
> >
> > << On the other hand, given that it is an aesthetic argument, a
> blanket
> ban on
> > antennas and transmitters of any kind seems unreasonable, and is
> worth
> > challenging in some fashion, if only because they don't ban the
> transmitters
> > in garage door openers, cordless phones, and cell phone
> (handsets), nor
> > mobile transmitting. >>
> >
> > Read your CCR. If it bans "transmitters of any kind", or words to
> that
> > effect, insist that the HOA enforces it! NO cell phones, NO garage
> door
> > openers, NO cordless phones, NO baby monitors, etc.
> > Take a witness, keep a log.
> > If they won't enforce the rules as written, put up a tower!
> >
> > Don - K4BEV
> > _______________________________________________
> > Towertalk mailing list
> > Towertalk@contesting.com
> > http://lists.contesting.com/mailman/listinfo/towertalk
>
> _______________________________________________
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