[BULK] - [TowerTalk] CC&Rs

Alan Beagley AB2OS at att.net
Thu Mar 25 12:49:31 EST 2004

But what about the current attempts to have something similar to PRB-1 
enacted at the State level?

I'll try to scan our CC&Rs -- but keep in mind that this subdivision is 
now 30 years old (but does have underground utilities). The lawyer I 
consulted (an ARRL Volunteer Counsel) was surprised that the document is 
only three pages long, whereas most he sees are 50 pages or so. 
(Somebody reported that the CC&Rs for a subdivision in Illinois were 
three inches thick and nobody wanted to let him read them.) The CC&Rs 
here do place limitations on "structures," but the lawyer said that in 
the context that means "buildings" only.

I haven't erected a tower yet. We've been here less than six months, and 
I want to establish a good rapport with the neighbors first. I've only 
just put up the VHF/UHF vertical and the long wire.

Alan AB2OS

On 03/25/04 12:01 pm Steve Katz put fingers to keyboard and launched the 
following message into cyberspace:

> Of course they did, and FCC's response was they were not going to deal with
> this at all, at this time (as of two years ago).  The recommendation was to
> approach Congress via your elected Senators and Representatives to see if
> someone would float a bill.  That's slowly garnering support, but who knows
> if 525 members of Congress can find a simple majority to rule on this?
> Normally, in the absence of a Homeowner Association or some owner-elected
> body, there is no one to enforce CC&Rs.  These are private deed
> restrictions, not involving government agencies.
> I'm impressed (and somewhat amazed) your own CC&Rs do not restrict outside
> antennas.  If that's really the case, those are great CC&Rs, and very unlike
> most I've read.  Could you possibly scan a copy of the docs and post them
> somewhere we can download them, to serve as a framework for authoring future
> CC&Rs which are more "ham friendly?"  That would be a great service.

>>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?

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