[TowerTalk] CC&Rs

[Don Havlicek]

Jim,
Your analogy to seatbelts doesn't hold water.  An automobile which did 
not have them when the law was passed, is NOT affected by that law.
I believe that you will find that a change in CC&R by a HOA would NOT be 
enforceable upon those whose 'structures' had NOT violated the CC&R 
previous to any new rule.
"Grandfather Clause" .. a good attorney should be able to keep the HOA 
from imposing upon someone who had built 'in good faith' and in 
accordance with the rules AT THE TIME OF THE CONSTRUCTION.
A better analogy:
A homeowner, following all the CC&R restrictions, or lack of them, 
paints his house green and purple, CANNOT be forced to paint it 
otherwise, IF the CC&R did NOT restrict him from doing just that.  I am 
NOT referring to vague or ambiguous wording that MIGHT allow the HOA to 
interpret what is written into the CC&R.

I'm still glad I live on agricultural land ... 6 acres with NO 
restrictions .. I can put up any tower .. any height [subject to FAA, 
etc.] .. and build any structure I want ... and paint it any color I 
want .. without CC&R ...
Only limitation .. I need a building permit for any structure to be 
OCCUPIED by humans.

Don
N8DE

Jim Lux wrote:
> Sure you can.. just the same as you can be subject to a new law.  At one
> time you could buy a car without seatbelts, now you can't.
> 
> One of the usual things in a CC&R that allows for a separate rules and
> regulations document (which yours may not) is a process by which those rules
> may be changed (usually the board decides). Then, there's also usually ways
> to amend the CC&Rs. In mine, it takes a vote of 2/3 of the homeowners (not
> 2/3 of those who vote, but an absolute 2/3)
> 
> ----- Original Message -----
> From: "Jim Miller" <JimMiller at STL-Online.Net>
> 
> 
>>I just don't understand why I can be held to a new rule that is made up
>>possibly after I do something that wasn't there when I moved in.  The
> 
> rules
> 
>>as they were when I moved in, I would think is what it is that I
> 
> supposedly
> 
>>agreed to, NOT whatever they decide to add later.
>>
>>(My CC&Rs don't appear to have any included provisions to add rules
> 
> whenever
> 
>>the HOA board thinks they want to.)
>>
>>73, de Jim KG0KP
>>
>>>From: "Jim Lux" <jimlux at earthlink.net>
>>
>>>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.
>>
> 
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