[TowerTalk] Subdivision Deed restrictions

[John Langdon]

I am now completing a remote HF station after more than 11 years of 
frustration in a highly restricted community.  The following is my 
experience and advice, in no particular order.

1. Do not allow yourself to be in a position where you need to ask 
permission for an antenna.  You will not get it.  They will talk about how 
reasonable they are, but in the end, they will always say no.
2. The only exception to the above is when the developer is still 
functioning as the HOA/Architectural Control Committee.  Make your offer to 
purchase the house contingent upon approval to do an antenna.
3. If you do ask permission, you will get looked at for everything else on 
your property.  I had a little G5RV in the trees about 12 feet off the 
ground for more than 9 years.  No one ever noticed it.  I applied to the 
ACC for permission to put up a retractable mast with a small tribander on 
it, which would be cranked down when not in use.  I was denied permission 
to erect the new antenna.  Shortly thereafter, I received a certified 
letter informing me that I must take down my "offensive wire antenna".
4. You may be able to forestall the changes by using the FUD (Fear, 
Uncertainty, Doubt) method by suggesting that changing the rules could 
result in legal bills and/or liability for the homeowners individually or 
for the association collectively, where as leaving things as they are is a 
low cost "safe harbor".
5. Even if the rules are changed, existing antennas should be 
"grandfathered".  So put it up now if you can.
6. When I asked permission to put up an antenna, several neighbors told the 
board members that if they voted in favor of my request, they would sue the 
board members individually.
7. Your fellow hams will not help you.  One "brother ham" and fellow 
subdivision resident, a lapsed technician, told the board members that you 
didn't need outdoor antennas to operate a ham radio, and that TVI on HF was 
so bad that no matter how far away the antenna was from the TV, the 
interference could not be reduced or eliminated by any means.
8. Association rules must accommodate on the air TV reception, DSS type 
dishes, and MMDS antennas.  In a strong signal area (such as mine) the 
association can require in the attic antennas for local TV reception.  They 
can ask that the DSS dishes be in the backyard if a decent signal can be 
received there.  They cannot limit MMDS antennas to less than 12' mast 
mounting above the roof line.  The guy wires could form a "stealth" dipole 
perhaps?
9. Most members of the HOA are nice people who are totally and blissfully 
ignorant about the FCC much less PRB-1 or other such esoteric concepts. 
 They believe that restrictive covenants are "contracts between 
individuals" that "the government can't change them.  It will cost you many 
$ of legal talent to explain things to them.  They will still not 
understand.  They will still say no.  Most attorneys will advise you, 
correctly, that you could be legally correct, yet spend kilobucks without 
ever getting any result.
10. Every minute and dollar you spend on fighting these issues is lost 
forever and therefore not available to be used somewhere where you can 
actually do antennas.
11. You will soon be chastised for posting this on the TowerTalk reflector, 
instead of the Hamlaw reflector.

-----Original Message-----
From:	Bob Perring [SMTP:perring@texas.net]
Sent:	Monday, March 30, 1998 10:02 AM
To:	biekert@swbell.net; tdxs-list@n5uh.tech.uh.edu; reginfo@arrl.org; 
n5tc@arrl.org; wb5jbp@arrl.org; towertalk@contesting.com; K1ZZ@arrl.org; 
tommy@oddo.com; mperring@kba.net
Subject:	[TowerTalk] Subdivision Deed restrictions

I am on the board of my Ashford West (Houston, Texas) subdivision.

SNIP

I invite responses from you of a general or specific nature that might
better equip me with the proper ammunition for my obvious position on
this issue.


73,

N5RP


Bob Perring

12715 Westmere

Houston, Texas 77077

tele:      (281) 493-5780

fax:       (281) 493-5780

Std e-mail:  perring@texas.net

Int'l e-mail:  N5RP@compuserve.com

<underline><color><param>0000,0000,ffff</param>http://perring.home.texas  
.net</color></underline>

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