[TowerTalk] Tower Restrictions

[Alan NV8A (ex. AB2OS)]

I'm sure that's true, but without an HOA to encorce the CC&Rs, the 
objectors need deep pockets to bring suit.

Further, in the absence of an HOA, there are probably numerous other 
long-standing infringements of the CC&Rs that would make it difficult 
for anybody to demand enforcement of specific provisions. E.g., our 
CC&Rs are very simple (2 pages only; a 30yr-old subdivision), but limit 
the "structures" beside the dwelling to sheds of a specified maximum 
size. But *if* a tower is a "structure" (the ARRL VC I consulted said 
that in the context of these CC&Rs "structures" refers only to 
buildings), so are all the basketball hoops, flag poles and swing sets 
scattered throughout the subdivision -- even apart from the tower 
farther up the street.

Alan NV8A


On 03/31/05 11:03 pm TOMMY HALIBURTON tossed the following ingredients 
into the ever-growing pot of cybersoup:

> Do remember that if you buy a home in an area that has CC&Rs and they either no longer have an HOA and/or have never enforced them, they (CC&Rs) are not "null and void." Lots of people have ended up in court for years believing otherwise and lost. Also remember that HOAs can create (for the good of the whole, sic) future CC&Rs that can cause one real grief. They also have nearly unlimited wealth for court battles. The old adage (modified by me) "Look long and hard before you leap" is apropos.
> 
> While I would never choose to live in a neighborhood with CC&Rs, there are plenty of people who do. It is a matter of choice.