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RE: [BULK] - [TowerTalk] CC&Rs

To: 'Alan Beagley' <AB2OS@att.net>,TowerTalk <towertalk@contesting.com>
Subject: RE: [BULK] - [TowerTalk] CC&Rs
From: Steve Katz <stevek@jmr.com>
Date: Thu, 25 Mar 2004 09:01:55 -0800
List-post: <mailto:towertalk@contesting.com>
Of course they did, and FCC's response was they were not going to deal with
this at all, at this time (as of two years ago).  The recommendation was to
approach Congress via your elected Senators and Representatives to see if
someone would float a bill.  That's slowly garnering support, but who knows
if 525 members of Congress can find a simple majority to rule on this?

Normally, in the absence of a Homeowner Association or some owner-elected
body, there is no one to enforce CC&Rs.  These are private deed
restrictions, not involving government agencies.

I'm impressed (and somewhat amazed) your own CC&Rs do not restrict outside
antennas.  If that's really the case, those are great CC&Rs, and very unlike
most I've read.  Could you possibly scan a copy of the docs and post them
somewhere we can download them, to serve as a framework for authoring future
CC&Rs which are more "ham friendly?"  That would be a great service.

73,

Steve WB2WIK/6

"Success is the ability to go from failure to failure with no loss of
enthusiasm." -Winston Churchill

> -----Original Message-----
> From: Alan Beagley [SMTP:AB2OS@att.net]
> Sent: Thursday, March 25, 2004 9:09 AM
> To:   TowerTalk
> Subject:      [BULK] - [TowerTalk] CC&Rs
> 
> Just out of curiosity (since the legal advice I received assured me that 
>   the CC&Rs relating to my home do not outlaw antennas and towers):
> 
> I know that attempts are being made in various States to have PRB-1 
> apply to properties subject to Homeowners' Associations. But what about 
> properties with "Restrictive Covenants," CC&Rs, etc. that outlaw 
> antennas and "run with the land" and are therefore technically 
> enforceable (by whom I am not sure -- by the courts at the instigation 
> of one's neigbors?) even in the absence of a Homeowners' Association? 
> Have the attempts to widen the scope of PRB-1 dealt with this situation?
> 
> Alan AB2OS
> _______________________________________________
> 
> See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless
> Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with
> any questions and ask for Sherman, W2FLA.
> 
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
_______________________________________________

See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless Weather 
Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with any questions 
and ask for Sherman, W2FLA.

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