[TowerTalk] Anyone have experience challenging restrictive CC&R's ?

[John Langdon]

FCC has ruled against enforcing restrictions against: satellite receiving
dishes less than 1 meter in diameter, broadcast TV antennas in areas where
antennas mounted inside the attic would not provide a useable signal, and
"MMDS" or "microwave cable" antennas mounted less than 12' above the
roofline. These are the only specific antenna related things I know of.
Most Homeowner's Associations still either don't know or refuse to
acknowledge this.  They will say something like "restrictive covenants are
contracts between individuals that the government cannot interfere with".

The specific counter example is the old CC&R that was used during
segregation days that said the property could never be sold to a
"non-white", or that is it was, title would revert to the original owner.
These restrictions have been ruled unenforceable by the federal courts, as
they are illegal provisions against public policy.  It is by this same
mechanism that hams might get some relief, but it hasn't happened yet.

IMHO hams should stay away from any property with an anti-antenna CC&R OR an
Architectural Control Committee.  In general, they will never grant you an
exception.

You should also consult the ham law reflector:

The Ham-Law Mailing List. This list is for discussion and does not
purport to give legal advice.

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73 John N5CQ




-----Original Message-----
From: owner-towertalk@contesting.com
[mailto:owner-towertalk@contesting.com]On Behalf Of Thor Hallen
Sent: Saturday, September 02, 2000 12:09 AM
To: towertalk@contesting.com
Subject: [TowerTalk] Anyone have experience challenging restrictive CC&R's ?


My neighbor is a typical ham hater and I expect him to ask the neighborhood
homeowner association to enforce a CC&R banning all outside antennas except
those used for television reception. I plan to fight him with whatever
legal means are available regardless of cost. Does anyone know of cases
where CC&Rs have been successfully challenged and what the legal strategies
were? It seems to me that this type of CC&R is arbitrary and needs to be
reasonably interpreted. For instance, there are cars parked in the
neighborhood with radio antennas and some neighbors have satellite dishes.

73,
Thor Hallen K5AGE


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