[Towertalk] deed restrictions

[Chris BONDE]

 From reading this thread, in one way I am glad we have a different law 
system in Canada, but it is becoming more and more Americanized.  (t'is a 
pity.)

The Radio Act comes under the federal law.  No one can superced such.  It 
may be difficult but the ham can prevail.  However, we have a Charter of 
Rights, that (I think) supercedes the Canadian Constitution.  You would not 
believe what the supreme court is granting on that charter.

If you can have your federal government empasize  that the radio act is 
their's and no one can supercede it, then you should be able to put up 
antennas at least.  ( I for one would not like to see a 200ft tower next 
door able to fall onto the local electric power lines etc and across my 
property.  )

Does not the municipality over rule such?  I though that federal, state, 
county, municipality then what ever in order of such.  Oh well, keep on 
trucking!

Chris opr VE7HCB





At 06:55 PM 2002-03-16 -0800, Mike Lazaroff K3AIR wrote:
>Well, Joe, your homeowner's association is definitely in the minority.
>Around here ALL homeowner's associations specifically prohibit ham
>antennas/towers as well as a million other things that some developer felt
>necessary to prohibit.  These "associations" exercise more power than any
>local municipal government and personally, I'm offended that they are
>allowed to do so.  The idea that someone can create such restictions that
>forever bind all successor owners is something that flies in the face of
>private property rights that we have in this country.  The fact is that it
>is getting near impossible to buy new property without running into this
>garbage, and there is no right of appeal as there is in the case of zoning
>laws.  I settled for an older house with less land than I would have liked
>to avoid these busybodies who have nothing better to do than to watch all
>their neighbors and dictate how other people can use the property that
>they're going to spend the next twenty to thirty years paying for.
>
>73, Mike K3AIR
>
> > > When I sold real estate, I advised all my ham clients to avoid CC&R
> > > developments like the plague if they had *any* intention of staying on
>the
> > > air.  Until these homeowner association nazis are reigned in, it's still
>a
> > > good idea.
> > >
> >
> > Back off the attack level just a bit.  Although some homeowner
>associations
> > are serious about enforcing their CC&Rs, "homeowner association nazis" is
> > unnecessary ... and I'm offended by it.
> >
> > In case anyone cares, there are CC&R associations that do not prohibit
> > amateur antennas.  There are at least four hams in my community ... at
> > least three have towers.  I made very certain before making an offer on
> > my property that the CC&Rs did not prohibit towers and talked to some of
> > the hams already in the community before closing.
> >
> > 73,
> >
> >    ... Joe, K4IK
> >
> > PS. I just happen to be Vice President of the homeowner's association.
> >
>
>
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