[TowerTalk] Re: CC&Rs

[Michael Hatzakis]

Now I thought it was a little more complex than that.  I am not a lawyer, so
maybe I will get corrected, but...

I have a CC&R and it has some weak statements that could be used in a
lawsuit against towers.  I got a lawyer and he was worth every penny.  He
pointed out that my CC&R was like all others that stipulated that I would
pay all attorney fees if I lost.  But by state law, if a contract has such a
clause, it is required to presume reciprocality.  That means, anyone can sue
anyone on belaf of HOA, but they have to be willing to eat both their costs
and that of the defense if it's frivlous and lose.  It's sort of like poker.
Nobody took the bate and we've been up almost a year.

Michael  K3MH

-----Original Message-----
From: towertalk-bounces at contesting.com
[mailto:towertalk-bounces at contesting.com]On Behalf Of Didier Juges
Sent: Thursday, March 25, 2004 10:47 AM
To: TowerTalk
Subject: [TowerTalk] Re: CC&Rs


Mahlon,

CC&Rs come in all shape or form.

Mine, also from the 70's, are about as long as your message and essentially
say that thou can't build a sewer line less than 5 feet from thy neighbor.
Not very interesting reading :-)

I have seen several CC&Rs for recent property developments down here, and a
common thread is to prohibit "any electromagnetic radiation". I am
absolutely not kidding. Even though such a broad statement is not
enforceable, nothing prevents someone from suing you over it since the HOA
(that means partially you) will foot the HOA's laywer's bill. You will have
the benefit of footing your own laywer's bill, plus your share of the HOA's
laywer's bill.

73,
Didier KO4BB

At 01:14 PM 3/25/2004 -0500, mahlonhaunschild at cox.net wrote:
>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


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