[TowerTalk] CC&Rs

[Alan Beagley]

In my case there is no HOA, and I'm not sure there ever was: the CC&Rs 
did not establish one.

Alan AB2OS


On 03/25/04 12:44 pm Jim Lux put fingers to keyboard and launched the 
following message into cyberspace:

>> 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?

> 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.