[CQ-Contest] HOA and CCR

[D Rodman MD]

In response to previous postings, it would not surprise me if 
enforcement and expiration of CCR with regard to any statute or 
provision varies greatly.  For example, many HOA require annual 
meetings, etc. in order to maintain their legal status and validity of 
the covenants.  Some have minimal restrictions for major distractions, 
like boats, campers, antennas, while others have complex requirements 
that restrict what building materials are used in the home or whether 
holiday decorations are permitted.  I would bet expiration or 
enforcement rules vary by state and possibly locality too.  Entering a 
community as an outsider, puts a potential ham buyer at a great 
disadvantage because it may be difficult to navigate the murky waters of 
permission for an antenna support structure, even with legal counsel to 
guide them or interpret the situation.  Even specific ham experienced 
real estate attorneys might be less than enthusiastic about some of 
these cases because there is no precedent or history.  How a particular 
HOA handled a situation in the past is probably not going to be public 
knowledge.

Also, I don't know of any official study that demonstrates real estate 
values decline in response to amateur tower construction.  There is 
likely just not enough of this construction in any specific area to 
generate such valid data.  What officials are going to avoid, if they 
can, is devaluation of the tax base by such arguments.  They know owners 
can appeal virtually any situation and get the property devalued because 
of changes in a neighborhood.  That is going to decrease revenues to the 
town and makes the process of appeals more likely than it could be.  
Remember government, public servants and employees are in business to 
spend money not make it.  They may be inherently lazy.  This is 
ultimately why an elected official will extend an "opinion" that tower 
will decrease property values.  They don't care if your home is worth 
less, but are going to be held accountable more if revenue drops, they 
will need to raise taxes.  That is something everyone understands.

Just my thoughtful opinions.



-- 
David J Rodman MD
Assistant Clinical Professor
Department of Ophthalmology
SUNY/Buffalo

Office 716-857-8654