[Towertalk] ABC Home Owners Assoc Expose

[Stu Greene]

At 04:56 PM 4/20/02 -0700, Jim Lux wrote:


>In any of the scenarios, I have probably earned the undying enmity of my
>neighbors to stand on principle...

That's always true, but the real enmity will be from the officers of the 
HOA who will end up in a bigger financial hole than anyone



>The only people who come out ahead in these situations are the attorneys for
>both sides.  If they did a good (in the abstract) job, they would have
>helped to mediate a reasonable adjustment early on, and saved all the later
>costs.  If the attorney advising the HOA did their job well, we would never
>have wound up litigating in the first place.

There, my friend you're wrong.  If you win, you come out ahead.  So does 
your lawyer.



>By the way, a trap for the HOA unwary... just because the HOA no longer
>exists (say from bankruptcy) doesn't mean that the CC&Rs aren't valid any
>more.  Any homeowner can then attempt to enforce them singlehandedly, and
>woe to you if the homeowner has inexpensive legal services available... Even
>if it's without merit, you've still got to deal with the legal cost and
>hassle...

That is legally correct



>I think the overall approach is to come up with reasonable accommodation...
>As much as I'd like it, a 120 foot tower is unreasonable on my 5000 square
>foot lot...  An innocuous 30 foot vertical isn't (in my admittedly biased
>opinion), but to the hoa, ALL antennas are EVIL..  (so far... I am slowly
>agitating for substantial revisions to the CC&Rs, now that the last unit has
>sold in the tract....)

That is a practical solution.  But I have one more.  Try to avoid taking 
the LSATs.  You might pass and that would not be a good thing.

                                73  Stu