[Towertalk] deed restrictions

[David L. Thompson]

CC&R's are generally written up by the developer not a homeowners
association.   What has happened in most locations in the USA is that
someone drew up a set of regulations (er restrictions) and they have been
copied over and over with only the name of the subdivision
changed each time.  The problem with current law is that you don't even have
to know about them  much less read them.  The courts rule that its the
homeowners responsibility to find out about them and understand them.
Usually there is no signature of any kind.  This is what needs to change.

I am not a legal type (I leave that to W4UCK or K4BAI or K1VR) but there was
a discussion about homeowners associations on a local radio talk show.   One
lady called in to say that her parents in a lived 42 year old subdivision
that was planning to vote on establishing a homeowners association with
restrictions and they were told if enough joined that membership would be
mandatory.   Seems this varies by state (from 51% to 100%) but its chilling
to think that one could be voted in and the "local nazis" could tell you to
remove your antennas!

Two additional chilling stories were in the news lately.  In an Ohio
subdivision flags are not allowed.  A retired Sargent put up a flag after 11
Sept 2001.  He was sued by the homeowners association and fined $89,000.
Next door to my little subdivision is a big new subdivision
that also bans flags.  They did agree to install a big US Flag at each
entrance.   In another Atlanta suburb, a homeowner was sued to remove trees
and figurines (the owner was from India and wanted to have a little feel for
his native land).  It appears the biggest threat to freedom might be the
Homeowners Association not Osama or the terrorists.

73 Dave K4JRB