[TowerTalk] [BULK] - Re: Tower Restrictions

Bob Nielsen nielsen at oz.net
Wed Mar 30 12:40:51 EST 2005


On Wed, Mar 30, 2005 at 08:50:04AM -0800, Steve Katz wrote:
> 
> 
> At the very least have the real estate agent get a copy of the CC&Rs and
> read them carefully.  Most seem to be "boiler-plate" containing antenna
> restrictions, but I've seen some which had no such restrictions.  One
> house I bought had CC&Rs which only restricted me from selling liquor
> on the premises (not that I was about to in any case).  One ham I know
> asked a builder friend if the CC&Rs on his development had any
> restrictions.  He actually didn't know!  When he checked and found out
> that they did, he said he would change them (not likely to happen in
> most cases, however).
> 
> ::One problem with buying property having any recorded deed restrictions at
> all, even if the only recorded restriction prohibits pig farming and there's
> no mention of antennas, is that *any* covenants paves the path for
> additional covenants to be added later, often by nothing more than a
> majority vote of HOA members.  This has happened time and again all over the
> country.  In one case locally, the homeowner paid more than $30K in legal
> fees to fight the HOA for adding more covenants after the fact, and lost the
> case -- and the $30K.  Better to not have any.  -WB2WIK/6

Actually the house in question had CC&Rs but no HOA.  I once looked at a
house on acreage where the CC&Rs prohibited antennas, but specifically
said "no restrictions on any livestock".  The wording is critical in any
case.  I have no restrictions at my present location (practically the
only condition I made when my wife started looking at houses).

Bob, N7XY



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