[TowerTalk] CC&Rs

[Don Havlicek]

What about 'preemptive' rights? ... sometimes called 'grandfathering' ?

In this part of Indiana, any change in 'rules' by a non-governmental 
authority cannot be imposed after the fact.
Don
N8DE

Bill VanAlstyne wrote:
> Jim Lux wrote:
> 
> 
>>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.
> 
> 
> Not only that, but in some states like Colorado, the law could bring you down
> even if your land has no CC&Rs attached to its deed and there is no homeowners
> association. How? The Colorado law is called the Common Interest Ownership Act
> (CIOA), and according to an excellent article in April CQ magazine (Fred
> Baumgartner, KG0KI),
> 
> "...[A] neighborhood with expired or no covenants at all can elect with a simple
> majority to create and enforce covenants under an HOA. Further, the CIOA
> provides a means by which the elected members of the HOA can change covenants at
> will, without a community vote or even public notice. Many hams assume that
> because there is no HOA, there can be no HOA. In Colorado, at least, that often
> is not true."
> 
> The lot I own and am building on right now in New Mexico, in an area of
> singly-owned lots that weren't all bought up together by a developer, is CC&R-
> and HOA-free. Hopefully it will stay that way -- but not if a Colorado-style
> CIOA law were to take effect in New Mexico. In such a case, as I read it,
> neighbors who share my road -- there are only a handful of them now -- could
> decide they don't like my antennas, form a homeowners association, adopt
> antenna-proscriptive CC&Rs, force my property into the HOA by means of a
> CIOA-defined "common area" assertion, and make me remove my antennas under pain
> of being foced out of my home by hostile litigation.
> 
> Yikes! Is this America? This is the Tyranny of the Majority writ large...
> 
> Bill / W5WVO
> Albuquerque, NM
> 
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