[TowerTalk] CC&Rs

[Jim Lux]

At 12:09 PM 3/25/2004 -0500, Alan Beagley wrote:
>Just out of curiosity (since the legal advice I received assured me 
>that  the CC&Rs relating to my home do not outlaw antennas and towers):
>
>I know that attempts are being made in various States to have PRB-1 apply 
>to properties subject to Homeowners' Associations. But what about 
>properties with "Restrictive Covenants," CC&Rs, etc. that outlaw antennas 
>and "run with the land" and are therefore technically enforceable (by whom 
>I am not sure -- by the courts at the instigation of one's neigbors?) even 
>in the absence of a Homeowners' Association? Have the attempts to widen 
>the scope of PRB-1 dealt with this situation?
>
>Alan AB2OS
>_

Even if the homeowner's association or contractor that was originally 
responsible for the creation of the CC&Rs has gone away (bankrupt, etc.), 
any homeowner in the subdivision/tract/organization can probably sue to 
enforce the CC&Rs. (I am aware of at least one case where this happened 
recently) Whether some random person could sue, I don't know.  It's all 
that funny thing of "standing".  It would probably be difficult to enforce 
any provisions of the rules (which are separate from the CC&Rs, but the 
existence of which is usually mandated by the CC&Rs) that require paying 
fines or fees (who would you pay them to, if the organization has gone away?).

By the way, not to rain on your parade, but there's nothing keeping an HOA 
board from making a rule prohibiting antennas at any time, even if the 
CC&Rs don't say anything about it, because, generally, the CC&Rs contain 
provisions allowing the board to do just that.