[Towertalk] deed restrictions

[Gary Ferdinand W2CS]

>
> This is practical advice, not legal advice.  If you put it up rather
> than ask for permission, they have to go to the expense of suing you to
> get it down.  And the expense of this will likely be more than any one
> neighbor is willing to bear, unless you have the misfortune of having a
> lawyer for a neighbor.  However, a homeowner's association (if there is
> one) may be able to spread the expenses out among all the homeowners
<SNIP>

> Remember, any violation of the CC&Rs counts.  Improperly parked
> cars or motorhomes, prohibited colors on houses, improperly kept
> landscaping, small DSS sat dishes, prohibited animals, etc.  All of
> these are common CC&R violations that do not normally attract much
> attention.  But you can turn them to your advantage.  In an ironic
> twist, the tighter and more restrictive the CC&Rs the more likely you
> are to find lots of violations.  A really common attitude is that ham
> antenna are bad but DSS dishes are OK.  This works to your advantage.
>

One pitfall to the last sentence:  In fact DSS dishes ARE OK.  They are
specifically permitted by a premptive FCC ruling.  See http://www.fcc.gov.
Lots of very specific words there that make no bones about it:  No zoning
rules or CC&Rs can disallow DSS dishes. The wording specifically talks about
CC&Rs.  They must accomodate DSS dishes in a place that allows good
reception.  They can also regulate the construction standards by which they
are put up.  But they cannot disallow them.  So, that's not a good thing to
compare with.

I wish we had language like that specific to ham radio "antenna support
structures."  At least recently the ARRL appears to have changed its
long-standing policy of not rocking the Washington boat by becoming more
aggressive both with the FCC and in Congress.  Likewise the individual state
efforts maybe bear some fruit someday.

However, the approach you mention is fraught with financial risk.  First,
you risk an injunction that requires you to pull everything down while the
case is coming to court.  Second, you risk the court case outcome itself.
Your idea to first gather the evidence of other, unchallenged violations
before doing anything is spot-on.  However, the approach does not
necessarily work:  You could be told to comply with the CC&Rs and also given
encouragement to file lawsuits against the other violations if you felt the
need.  Hardly a desireable outcome.

I've decided my wires are hidden well and cause no neighbor heartburn, but a
tower(s) would be over the top (no pun) and I'd prefer to have good
relations rather than be the piriah of the development.  Someday maybe NC
will have a law like VA or we'll have some Federal help.  I'm not holding my
breath.  I guess I could always buy a farm...

GL/73,

Gary W2CS