[TowerTalk] CC&Rs

Bill VanAlstyne w5wvo at cybermesa.net
Thu Mar 25 19:12:42 EST 2004

Yeah, one would think, huh? I guess not in Colorado...
Bill / W5WVO

Don Havlicek wrote:
> 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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