[TowerTalk] Subdivision Deed restrictions

[Malcolm Clark]

Fred Hopengarten wrote:
 
[snip]

> >In your situation, the restriction on any transmitting antenna sounds
> >like a freedom of speech issue to me. :-)
> 
> K1VR:  Historically, in court this argument loses every time.  Tho the
> legal precedents really are there, it loses. Use better ammunition.
>
 
Fred, the point I was trying to make here is to convince the others that
the proponents are asking them to pass a restriction which *may* violate
the freedom of speech of one or more members.  Thus the suggestion to
the others they they may need to consult an attorney *before* voting on
the issue.  Most people will never do that because: a. the expense
involved, and, b. most people have a serious distaste for getting
embroiled in legal issues.  The idea is to stop the restriction at the
vote--not to fight it later in court.  If you have to go to court you
have already lost.

A further clarification:  I was not suggesting that the individual
threaten the others.  Rather that he align himself with them and in
effect say "Look what they (the proponents of the restriction) are
trying to do to us."  The emphasis should be on the "us" and the
potential expense that each of the "us" may face if the restrictions go
through.  He can also point out that there is the potential that by
restricting the types of activities that can take place on an
individual's property, the courts *may* find that the restrictions
constitutes a "taking" requiring the association to compensate someone. 
This is something that is very much in the news these days and has been
a big issue of the political right.  It can be used to advantage.  After
all, this is politics, plain and simple.

If there is a handicapped individual in the subdivision who *may* be
impacted, the subject of the Americans with Disabilities Act may be an
issue.  Most people I know are terrified of tripping over that one. 
Play dirty--your enemies will.  

Again, the idea is to plant doubt about the soundness (and potential
costs) of the proposal and beat it down *before* it becomes something to
take to court.

73 Malcolm KR4HP

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