[TowerTalk] Subdivision Deed restrictions

[David L. Thompson]

With N5RP's problem he is facing and the one from John who is going to
remote control (gosh W6YY ran remote for many years) brings to the surface
something several locals faced with nearby subdivisions.

With any existing CC&R the restrictions cannot be legally changed until the
end of term.  In N5RP's case 2008 when it can be renewed...don't know about
John's case.

This subdivision had just renewed the CC&R's for 10 more years and then
"they" decided to make them more restrictive.  The ham found out about the
proposed change when one ham's XYL was told the tower laying in her yard
would be illegal in a few months (they had just sold and taken the tower
down).  She called the XYL of the other ham (his antennas had been up
several years).  He called the President of the home owners association who
admitted they were considering adding to the restrictions.  This apparently
worried the Pres as he called the association attorney.  He was told they
could not change the CC&R's until the next renewal date and that under
Georgia law it was hard to add restrictions even then if there are several
established "offenders" who might complain. Sort of taxation (legal
restrictions) without force of signature.  End of that problem!

Another nearby subdivision had let their CC&R's expire.  After some
discussion (you find out who your friends and enemies are) the original
CC&R's were reinstated that did not limit antennas except for that provided
by county zoning.

What has happened across the USA is that someone came up with a set of
CC&R's and every new subdivision just copied them into law.  15 or 20 years
ago if you did not like the restrictions you moved to a subdivision that
allowed them.  This is now almost impossible.  One guy did add the
contingency clause in his contract and the developer agreed, but was voted
down by the association who said they did not want any CBer or ham in their
subdivision.  I suggest you write your US Representative complaining about
restrictions (the FCC is responsible to Congress) and asking for relief.  Be
sure to state that CC&R's are now almost universal...

73, Dave K4JRB 


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