[TowerTalk] [BULK] - Re: Tower Restrictions

Steve Katz stevek at jmr.com
Fri Apr 1 12:47:06 EST 2005


::No question it pays to buy and move into a neighborhood where if there are
any covenants, at least they're being routinely ignored and there are a lot
of examples of the ignorance.  When scouting for a new home, I look at
everything, including "up," and hope to find preexisting towers.  If there
are, I knock on the doors of the tower owners and discuss things.  An
afternoon so invested yields more information than Realtors could ever tell
you.  -WB2WIK/6


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



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