To further add ammunition to those who believe that CC&R's can be pre
empted, the Arizona Legislature passed yesterday a bill that states that
CC&R's cannot prohibit the display of flags (means flagpoles too). I believe
that other states have either passed or are considering such bills. This
will allow flagpole verticals and adds credence to the argument that CC&R's
may be pre empted.
73, Bruce K1MY
----- Original Message -----
From: "Dan Schultz" <n8fgv@amsat.org>
To: <towertalk@contesting.com>
Sent: Monday, April 22, 2002 5:16 PM
Subject: [Towertalk] deed restrictions
> In many cases the deed restrictions and covenants are imposed on the
> developer by his bank as a condition for getting financing for the
> subdivision project. Perhaps we need to talk to bankers also.
>
> My parents were taking out a loan to buy a condo, and my mom expressed
> concern about all of the rules at the new place. The bank loan officer
> told them that the rules were for their own good, because otherwise
> "some ham radio operator might move in next door". He didn't have a good
> comeback when she said that her son is a ham radio operator. They
> eventually decided to stay in their present, non-CC&R'd, home.
>
> Even if you yourself do not live in such a neighborhood, these
> restrictions impose a burden on the Ham Radio community in general since
> they impede our ability to recruit and retain new hams. As such, they
> are a threat to all of us. If the FCC can intervene against CC&R's for
> DSS owners, they can also intervene on behalf of the Amateur Radio
> Service, now that the precedent has been established. The FCC needs to
> explain to us why they think that they do have authority over satellite
> dishes but not for ham antennas.
>
> Dan N8FGV
>
> _______________________________________________
> Towertalk mailing list
> Towertalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
|