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[Towertalk] Deed restrictions--story and opinion (free!)

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Subject: [Towertalk] Deed restrictions--story and opinion (free!)
From: rudym@net-link.net (Rudy Marcelletti, K8SWD)
Date: Tue, 19 Mar 2002 17:34:32 -0500
You owe it to yourselves to learn about restrictions or live with them.  =
Sure, you can spend a lot of money to fight them, but why bother.  You =
don't have to live there.

I bought land to build a house in 1992 on some of the highest elevation =
in the county.  It was a site condo situation with restrictions and =
bylaws.  I was president of the association.  The board of directors =
found out I was a ham.  They ganged up on me and I lost.  A "no outside =
antenna" amendment was passed with ease.  I was the only NO vote.  My =
"lot" was 3.3 acres 5 miles out of town in the country and now useless =
to me!  The new amendments to the bylaws went into effect 2 weeks before =
we were to break ground on what was going to one of the nicest homes in =
the development.  We stopped the plan to build and put the lot up for =
sale.  I did not care what my wife said--I was not going to build there. =
 I did not need neighbors like that anyway.  They also passed all kind =
of other rules too, such as no horses, no shooting, etc.  They brought =
the city to the country.  They went after the hog farmer down the road =
too who lived on a Centennial Farm (in the family for over 100 years).  =
They did not like "the smell of country" but they lost that one.

I found a better, but not as high location, without any restrictions.  =
12 acres now and I have a 50 and a 100 foot towers, with more planned.

Being an attorney helped me see the handwriting and the conspiracy =
developing and I chose to get out before it was too late.  You owe it to =
your selves to get legal advice BEFORE you sign the papers.  And not all =
attorneys are up to speed on this stuff either!  Get the ARRL book. It =
is pretty good.  You will know what you are talking about when you go =
see a lawyer.  Get 2 or more opinions.  Find out who the better real =
estate attorneys are in your area, pay them well and get it in writing =
there are no problems when you go to put up your 100 foot tower!  If you =
should run into problems later, you can always blame the lawyer--and =
people really like to do that.  Most lawyers carry "malpractice =
insurance" that you can dip into also in the unlikely event there is a =
problem.

When we bought our property, I was assured in writing that there were no =
restrictions on antennas.  I researched and by golly there were none--AT =
THAT TIME!  My wife and I were really excited.  But bylaws can and do =
get passed, and ownership of the land according to the recorded =
restrictions and covenants in the development bound you to belong to the =
association and abide by all the rules, regardless of when they are =
passed.  No grandfathering here!  I would have been stuck.  It just =
never dawned on me that this would have occurred, but I am glad it =
did--at the time it did, and not after I had builders on site!

(I looked at the whole 80 acres before it had a road put in and parceled =
out--but spouse did not like it!  I could have bought the whole thing =
for the price of 2 lots and had a great antenna farm and a great =
motocross track!)

After you sign, you are stuck.  You will most likely lose a law suit.  =
It is no one's fault but your own that you agreed to the conditions.  =
The conditions were there, or could be put in place later, and you =
AGREED to that.  It is a CONTRACT.  Sure, there are exceptions and =
sometimes a ham prevails, often after expensive appeals, but why bother =
if you don't have to.  Why spend the money if you don't need to in the =
first place.  Contracts are made to be kept--that is what makes the =
world turn.  Just like a car--if you do not like red--don't buy it, or =
paint it after you do buy it.  Just don't whine about it because you =
bought a red car.

People who choose to live in a high rise in the cities, or PUD's =
(Planned Unit Developments) have problems.  They can't go out the front =
door and hunt deer, take a leak, shoot guns, have livestock, have a live =
band play outside til 3:00 a.m., leave your garbage laying around until =
spring when you will get to it.  Some places you can't even have a =
pickup truck in your driveway (Flossmore, IL?).  They can't have big =
antennas either.  That's life.  This is America.  Deal with it, move, or =
leave.  You are not stuck here or where ever you are.

Rudy Marcelletti, K8SWD


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