[Towertalk] deed restrictions

[Geo Clute W7LFD]

Joe,  I believe you've missed the point.  CC&R's being a contractual arrangement between buyer/seller is enforced by the tort laws of the U.S.  Now those tort laws make no distinctions between the Bill Of  Rights and the contract signed.  This be bad Joe. Like CAFE standards forced on automobile manufactures, environmental standards enforced on the States...ala Clinton shutting down logging on Federal Lands while forest fires burn more than we could log.  Even Federal Firearm laws that say I cannot drive within 1000 yards of a school with my trap shotgun and ammunitions.  I have to break the law to get off  Mercer Island to attend shotgun meets.  Freedom is being eroded around us daily in the name of the greater good...or maybe to preserve the value of our homes.

Relating this to the Nazi's is really only saying we are becoming more of a fascists country where we rely on government for guiding our daily lives.

Remember the "Red Lining" in the 1960'-70's that restricted a certain color of people to obtain mortgage loans in certain income level areas?  The law of the land changed that big CC&R deal.  Zoning restrictions are arbitrary and subjective and many times it depends on how much money you can throw at the zoning law proposed that determines the outcome of a challenge. CC&R's are also arbitrary and subjective.

Does anyone remember what happened in Palos Verde's, CA.   Does anyone remember Cerritos, CA?  Those are some interesting studies for hams winning big battles.

Geo W7LFD 

Joe writes:
I have done my homework ... after all, I am vice-president of 
the homeowners' association for the community in which I live. 
All I'm saying is that K3AIR's painting of all homeowners' 
associations as "Nazis" is offensive and wrong. 

I happen to agree that the FCC should have preempted antenna 
restrictions for amateur radio just as they did for direct 
broadcast (satellite) television.  In fact, I believe that the 
ARRL screwed up when they asked the Commission to extend the 
preemption rather than picking an easy test case and going to 
the courts using the existing preemption.  I also believe that 
Congress should legislate the pre-emption since the Commission 
seems to lack the balls to do their job right. 

That said, there are many homeowners' associations that have 
ceased to function, no longer enforce the CC&Rs, or which can 
not enforce the CC&Rs because they have failed to enforce them 
consistently.  That some associations have gone overboard does 
not make all HOAs bad any more than all amateur towers are bad 
simply because some amateurs overload or fail to install them 
properly. 

73, 

   ... Joe, K4IK 


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