[Towertalk] deed restrictions

[WYsixK]

How many people here on this list have actually been sued by a
homeowner's association?  Is this concern real in a legal sense but not
terribly probable?  Or have there been lots of such actions against us
selfless, helpful, kind, always-there-in-an-emergency, gentle, good
hearted hams?

Michael

--- Eddy Avila <k6sdw@hotmail.com> wrote:
> Another serious concern...most CC&R's I've read stipulate if you lose
> the 
> lawsuit, you pay all court costs and Assocation attorney fees which
> can get 
> really costly!!
> 
> S I G H!!! /k6sdw
> 
> 
> >From: "Gary Ferdinand W2CS" <W2CS@bellsouth.net>
> >To: "WYsixK" <wy6k@yahoo.com>, <towertalk@contesting.com>
> >Subject: RE: [Towertalk] deed restrictions
> >Date: Fri, 15 Mar 2002 17:04:35 -0500
> >
> >
> > >
> > > 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
> 
> 
> 
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