[BULK] - [TowerTalk] CC&Rs

mahlonhaunschild at cox.net mahlonhaunschild at cox.net
Thu Mar 25 13:14:07 EST 2004


CC&Rs have been around for a very long time, actually.  It's only been relatively recently that the outside antenna restrictions have found their way into CC&Rs.

Mine are from the early 1970s.  They make for some interesting reading (mostly in terms of what's not in them, rather than what is).  Needless to say, they are completely silent on the subject of antennas of any sort.

regards,

Mahlon - K4OQ
> 
> From: Steve Katz <stevek at jmr.com>
> Date: 2004/03/25 Thu PM 12:01:55 EST
> To: 'Alan Beagley' <AB2OS at att.net>, 
> 	TowerTalk <towertalk at contesting.com>
> Subject: RE: [BULK] - [TowerTalk] CC&Rs
> 
> 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.
> 
> 73,
> 
> Steve WB2WIK/6
> 
> "Success is the ability to go from failure to failure with no loss of
> enthusiasm." -Winston Churchill
> 
> > -----Original Message-----
> > From:	Alan Beagley [SMTP:AB2OS at att.net]
> > Sent:	Thursday, March 25, 2004 9:09 AM
> > To:	TowerTalk
> > Subject:	[BULK] - [TowerTalk] CC&Rs
> > 
> > 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
> > _______________________________________________
> > 
> > See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless
> > Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with
> > any questions and ask for Sherman, W2FLA.
> > 
> > _______________________________________________
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> > TowerTalk at contesting.com
> > http://lists.contesting.com/mailman/listinfo/towertalk
> _______________________________________________
> 
> See: http://www.mscomputer.com  for "Self Supporting Towers", "Wireless Weather Stations", and lot's more.  Call Toll Free, 1-800-333-9041 with any questions and ask for Sherman, W2FLA.
> 
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