[Towertalk] deed restrictions

Geo Clute W7LFD gclute@attbi.com
Sun, 17 Mar 2002 10:12:59 -0800


Here on Mercer Island, WA the city prohibits antenna's 10 foot over the roof line.  Back in the 1980's the city engineer visited my house while I was at work and informed my daughter that I must take down the antenna.  He subsequently wrote a letter advising me to take down the 65 foot crankup tower.  I ignored him and wrote him back and informed him of PRB-1 which specifically prohibits his action, and that he should not intimidate minors in my house.  He turned it over to the director of community development.  (Law Dog).  We have a conversation and I found out there was a neighbor nearly two blocks away, retired and trying to establish authority for the CC&R's.  The neighbor on the other street also approached my next door neighbor (My corporate attorney.) and asked him to take up the CC&R problems in the neighborhood.  He responded with "I don't get evolved in neighborhood squabbles."

The City backed off when we had a meeting in front of the council with about 40 hams showing up to demonstrate how a new law would prohibit cellular phone antennas on vehicles parked in a driveway, as well as hand held radios, and the City's own vehicles would be in violation of the law.  

The city attorney called me to let me know that the present law was being violated, and that I should remove the tower because it was an eyesore and the area was void of large trees.  He said that he had successfully won a case against PRB-1 with a satellite dish owner.  I asked him to read PRB-1 again as it relates to Amateur Radio Antennas, and that it was the City that has issued permit to scrape the land in my neighborhood so that it was devoid of trees.

The CC&R's state that after the last lot was built and sold that the CC&R committee would transfer from the developer to the neighborhood committee voted by the majority of the owners therein.  The problem arose when the last lot was designated not permitted by the City due to the underground springs flowing through it.  The foundation still sits there today overgrown with weeds.  The lot has remained untouched for 25 years and none of the attorney's in the neighborhood have stepped up to meet the CC&R challenges.   No cars parked on the street.  No front yard fences.  No TV antennas.  Cars are to be garaged at night. Super restrictive elements that I signed with my left hand in 1976 and wrote an addendum with challenges to the CC&R elements that seemed wrong.   That was never addressed by escrow, and I suspect nobody read it.  

CC&R jokes go on.

Geo W7LFD