[TowerTalk] CC&R's

David L. Thompson thompson at mindspring.com
Sat Jan 3 22:35:07 EST 2004


----- Original Message -----
From: Alan C. Zack <k7acz at cox.net>

> I recently moved from a HOA controlled area.  At my old QTH, AFTER I
> moved in, and AFTER I put up a small tower and beam the HOA added a
> rules and regs restriction almost identical to what you show as your
> section 13 rule.  Problem was I was fined for ignoring their new rules
> then I took the HOA to small claims court.  Since most of the other
> homes had outside TV antennas and those owners were not fined the
> judge found in my favor.  But I still got hassled about the antenna
> every couple of months and so would refer the judgment back to them.

Wait a minute.  K4BAI and W4UCK (both Judges!!) told us that its illegal to
add restrictive rules
after the fact except where they (HOA) had let them expire.  This may be the
case.  In either case the law is on your side.  The judge should have thrown
out the new restrictive rules entirely.

Dave K4JRB






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