K9MBQ offered great advice: "IVO the current mkt, don't be shy!!"
HOAs are interested in the long term financial health of the properties.
Getting an explicit statement from the HOA about an "amateur antenna support
structure" is a great idea. Better yet, a resolution from the HOA passed at
a meeting of their board with an explicit action allowing "licensed amateur
radio operators to erect" what you can negotiate would be golden.
You could ask for exceptions in the CCRs as a condition of sale - but the
governing body for the CCR is likely the HOA and it also likely requires a
resolution from the HOA - or a court order.
Hire a good local real estate attorney who will guide you through this
process. You need someone who deals with HOAs and property rights issues in
the Huntsville area. He will know the ins and outs of local courts, where
and how the CCRs for this subdivision originated and how to get a deal
closed that will get you what you want.
At the end of the day, it will cost you less to get the property you want
unencumbered by restrictions than to fight about it later.
Good . You're lucky to be able to live there!
73,
Mickey N4MB
--
Mickey Baker
Fort Lauderdale, FL
“Tell me, and I will listen. Show me, and I will understand. Involve me, and
I will learn.” Teton Lakota, American Indian Saying.
On Sat, Mar 5, 2011 at 5:23 PM, Alan Swinger <awswinger@earthlink.net>wrote:
> Al - Having gone thru a home purchase this past yr w/ all the usual CCRs
> and ant/twr prohibitions, suggest that you write into your offer as a
> "contingency of sale" what it is you plan to do. In so doing, the various RE
> agents have to run all things by the attys (et al), and they will either buy
> it or not! I insisted on a letter from the HOA Board chairman that what I
> proposed (a 72 ft tower and ant system) was approved by the HOA Board for as
> long as I chose to occupy the house. IVO the current mkt, don't be shy!!
> Good luck - Alan K9MBQ
>
>
> -----Original Message-----
> >From: W4ABW@aol.com
> >Sent: Mar 5, 2011 3:59 PM
> >To: towertalk@contesting.com
> >Subject: Re: [TowerTalk] TowerTalk Digest, Vol 99, Issue 12 Towers
> and antenna, restricted S/D
> >
> >I plan to make an offer on a home in a so called restricted neighborhood.
> >The restrictions do not mention towers, antenna, ham radio, sat, dishes
> etc.
> >The restriction document is dated 1961.
> >
> >It does mention other "buildings" and the usual "noxious/nuisances".
> >
> >The city that the property is located has tower rules but very moderate.
> In
> > the back or side yard, guys 5 feet from property lines and towers over 75
> >feet need a city permit. No problems here but the city knows nothing
> about
> >restricted neighborhoods nor does it care.
> >
> >I am no lawyer and I wonder if anyone has an idea of what direction I can
> >or should take to get this restriction document looked at by someone who
> >would know what it really means, if that is possible. A lawyer is one
> choice.
> >I guess lawyers don't know much about towers etc.,either. I never met one
> >who did.
> >
> >I have asked around that neighborhood, asked the realtor, everybody but
> the
> > mail man and they have no clue as to what a tower/antenna for ham radio
> >is.
> >
> >The property is in Huntsville, AL.
> >
> >Any ideas ?
> >
> >Al
> >W4ABW
> >_______________________________________________
> >
> >
> >
> >_______________________________________________
> >TowerTalk mailing list
> >TowerTalk@contesting.com
> >http://lists.contesting.com/mailman/listinfo/towertalk
>
> _______________________________________________
>
>
>
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>
--
Mickey Baker
Fort Lauderdale, FL
“Tell me, and I will listen. Show me, and I will understand. Involve me, and
I will learn.” Teton Lakota, American Indian Saying.
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