[TowerTalk] CC&R's

[Tom Anderson]

Jim, et. al:

Years ago my XYL Cheryl (WY5H) and I looked at one development out in 
the country (one of those type that offer to pay youir gas, give you a 5 
piece set of cookware, etc.) and asked to see the deed restrictions.  I 
immediatedly saw they had a ban on outdoor antennas and told the 
salesman  we couldn't move there.  He said he'd get the developer to 
waive them, but then I said all the other people who had bought there 
already might be in a tizzy when I put up a 70 foot tower.  They would 
end up suing me and the developer.  Besides it was an easy way to get 
out of their sales presentation.  

Tom, WW5L
Colleyville TX (between Dallas and Fort Worth TX)



Jim Jarvis wrote:

>TT:
>
>As I said...CC&R's are private contracts.  They were often written
>by original developers, who may not have been lawyers.  You MUST
>read the fine print.  The exchange below typifies this.
>
>
>-0-
>(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
>>
>>    
>>
>>>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.
>>>      
>>>
>
>-0-
>
>My point, in yesterday's post, was 'get professional help,
>prepare for battle, be a good neighbor with all that entails,
>and anticipate that you'll have to present your case to the HOA
>if they behave outside the rules.'  It is important not let a
>homeowners association behave as if they DO have power which
>they do not, just as it's important for an HOA to enforce rules
>it promulgates.  Failure to do so, or spotty inforcement, subjects
>them to challenge.
>
>If your covenants clearly provide for the HOA to promulgate rules
>as they choose...you're hosed.  Better be a REALLY good neighbor,
>or move.
>
>N2EA
>jimjarvis at ieee.org
>
>
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>
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>  
>