[TowerTalk] Tower Restrictions

[TOMMY HALIBURTON]

To All,

We relocated from California to Colorado in September 2004. When we began looking, we told all realtors (six, in fact) that the home could not have CC&Rs or prohibitions with respect to towers, antennas, and/or motorhomes. Since we have a 13 year-old, a school district with high academic scores was paramount. In addition, lower crime numbers was a desire. This proved a huge undertaking for some of them. I had a few friends scattered about and inquired of them. In addition, whenever I heard someone on the air that resided near Denver, I inquired about same.

To be sure we looked in several areas. The first thing we did was visit the City Planner for each neighborhood and identified the community and our intentions. Some of the communities had signs proclaiming " A Covenant Neighborhood" in bold letters and we steered clear of them. We never wasted our time in communities we were either not sure about or had blatant signs.

We found our dream house, purchased, and moved in. We made it a point to introduce ourselves to all of neighbors. We received warm welcomes from all but one. I made it a point to establish good communications to my neighbors as we have done in the past. This is my normal nature and we have found that it pays huge dividends without expectations 

The tower permit cost was dependant on all tower costs (digging hole, concrete, cost of tower, crane, etc.). Since I brought my tower with me and I planned to dig the hole, my estimated total cost was less than $50. I had to submit a plan showing the location of the structure as well as tower/hole specifications. In my opinion the city wanted to be sure I was not encroaching on the neighbors' properties, tower and hole were sound, and/or not digging up underground utilities. Phase II was inspection of the hole after I had forms and base in place. 

I poured the concrete and the curing process is now complete. Phase III will be of the tower in place on the base. I did not broadcast to my neighbors what I was constructing although one (who happened to be a realtor broker) inspected the permit. One day while I was in the backyard, he approached and inquired. He had shown great tendencies from the onset and thus I confided my plans. He was actually happy about having a ham in the area and indicated that he would be insulted if I did not allow him to help raise the tower and antennas. I told everyone else after the base was poured. In addition, I told them I was not being sneaky and felt that silence was appropriate based on past experiences.

In my humble opinion, I think that the steps to undertake while looking for a neighborhood are as follows.

1. Spell out to the realtor your desires. Do not waiver.
2. Enlist all friends, ham friends, acquaintances, family, etc. in exploration of the desired areas.
3. Steer clear of neighborhoods that have blatant covenant signage or appear dubious.
4. Once you locate your home, talk to the city/county planner directly. I cannot over emphasize this point. No matter what other mavens/experts "think" or seem to know, the planner is usually "Supreme."  
5. At this time, obtain all required tower/antenna permit paperwork and read carefully.
6. Now begin the the home purchase.
7. When signing the tons of paperwork, keep an eye out for any errant CC&Rs.
8. After the house closes, fill out and submit all required tower/antenna permit paperwork. 
9. Be a goodwill ambassador to all of your neighbors before you do any construction. In reality, one should be doing this without any motives.

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.

Good luck in your endeavor.

Semper Fi,

Tommy - K6YE (Now in zero land)
DX IS